STATE v. EVANS

No. 92-03443.

630 So.2d 203 (1993)

STATE of Florida, Appellant, v. Danny Ray EVANS, Jr., Appellee.

District Court of Appeal of Florida, Second District.

December 3, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellee.


PER CURIAM.

The state appeals a downward departure sentence imposed by the trial court pursuant to the open plea of Danny Ray Evans, Jr. We agree that the reduction of a sentence based solely on the defendant's youthful age at the time of the offense is improper.

The youthful age of an offender is not a valid reason for a departure sentence unless there are other factors present, such as emotional immaturity or lack of intelligence. See State v. Bryant...

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