STATE v. McLEOD

No. 94-995.

652 So.2d 923 (1995)

The STATE of Florida, Appellant, v. Stewart McLEOD, Appellee.

District Court of Appeal of Florida, Third District.

March 29, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Paulette R. Taylor and Stephanie G. Kolman, Asst. Attys. Gen., for appellant.

No appearance, for appellee.

Before JORGENSON, COPE and GREEN, JJ.


COPE, Judge.

The State appeals the entry of a downward departure sentence. We reverse.

Defendant was convicted of robbery. After trial, defendant and the court entered into a sentencing agreement, over State objection. The defendant agreed to be sentenced as a habitual offender to 364 days in the Dade County Jail, including a condition that defendant participate in the substance abuse program which is offered there. The jail term was to be followed by one...

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