STATE v. VENEGAS

No. 88-1872.

557 So.2d 236 (1990)

STATE of Florida, Appellant/Cross Appellee, v. Daniel VENEGAS, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

February 28, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, Joan Fowler and Lynn Waxman, Asst. Attys. Gen., West Palm Beach, for appellant/cross appellee.

H. Dohn Williams, Jr. of H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellee/cross appellant.


DELL, Judge.

The state appeals from an order granting appellee's motion for a mitigated sentence and contends the trial court erred in reducing appellee's sentence because the record does not show that the state's refusal to move for a sentence reduction pursuant to section 893.135(4), Florida Statutes (1987), constituted bad faith or overreaching. We agree and reverse. Appellee cross-appeals and contends that his sentence should have been reduced or mitigated to...

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