STATE v. SMALLWOOD

No. 95-440.

664 So.2d 309 (1995)

STATE of Florida, Appellant, v. Charles David SMALLWOOD, Appellee.

District Court of Appeal of Florida, Fifth District.

December 8, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Michael D. Crotty, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellee.


PER CURIAM.

The State of Florida appeals the judgment and sentence entered against Charles Smallwood asserting that the court impermissibly entered a downward departure sentence. The State acknowledges that each of the three reasons the court gave for departing are valid grounds to mitigate a guideline sentence; however, it argues that in the present case, there was no record evidence to support the court's findings.

This court has previously held that the...

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