STATE v. HUGHES

No. 95-1198.

677 So.2d 852 (1995)

STATE of Florida, Appellant, v. James O. HUGHES, Jr., Appellee.

District Court of Appeal of Florida, First District.

December 19, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Douglas Gurnic, Assistant Attorney General, Tallahassee, for appellant.

David C. Sutton of Sutton & Ellis, P.A., Pensacola, for appellee.


PER CURIAM.

The trial court sentenced the appellee to 5.375 years in prison, which term represented the minimum guideline sentence. On appellee's motion for modification of sentence, the trial court suspended the entire term. According to the trial court, "suspension [did] not take it outside of the guidelines sentence. It remains a guideline sentence."

On appeal, the state asserts that this constituted a downward departure without written reasons, and that...

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