STATE v. HOWELL

No. 89-1988.

572 So.2d 1009 (1991)

STATE of Florida, Appellant, v. Rhymer R. HOWELL, Jr., Appellee.

District Court of Appeal of Florida, First District.

January 2, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Gypsy Bailey, Asst. Atty. Gen., for appellant.


WENTWORTH, Judge.

The state appeals a sentence imposed after the revocation of appellee's probation for an attempted lewd and lascivious assault. The court departed from the sentencing guidelines recommendation of seven to nine years incarceration, and instead placed appellee in community control for two years, to be served after the expiration of other sentences. We find that the court's stated reasons for this downward departure are not substantiated by the record...

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