STATE v. SMITH

No. 94-2682.

668 So.2d 639 (1996)

STATE of Florida, Appellant/Cross-Appellee, v. Stephen Allen SMITH, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

February 16, 1996.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

Alexander Zouzoulas and Lori Wheeler, of Zouzoulas & Wheeler, P.A., Orlando, for Appellee/Cross-Appellant.


GRIFFIN, Judge.

The State of Florida ["State"] appeals the downward departure sentence of appellee, Stephen Smith ["Smith"], after conviction of two counts of committing a lewd act upon a child. On cross-appeal, Smith seeks reversal on the basis of certain defects in the information, which we find to be without merit. We are obliged to agree with the State, however, that the lower court erred in departing downward in sentencing Smith.

The State charged Smith...

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