STATE v. McCALL

No. 90-230.

573 So.2d 362 (1990)

STATE of Florida, Appellant, v. Clifford McCALL, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 31, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellee.


GRIFFIN, Judge.

The state has appealed a downward departure sentence for grand theft of a motor vehicle imposed after the defendant pled guilty to violation of community control. The defendant was a thirty-eight year old male with a two-year college education. He has a history of drug abuse and has AIDS. He also has an extensive criminal record.

The defendant had originally pled guilty to the grand theft charge based on a plea agreement that he would receive...

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