STATE v. HEWITT

No. 96-4562.

702 So.2d 633 (1997)

STATE of Florida, v. Raymond Rapheal HEWITT, Appellee.

District Court of Appeal of Florida, First District.

December 23, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Mark C. Menser, Assistant Attorney General, Tallahassee, for Appellant.

Spiro T. Kypreos, Pensacola, for Appellee.


ERVIN, Judge.

The state appeals a final sentencing order which withheld adjudication of guilt and imposed a fine and restitution on appellant Hewitt, who had entered pleas of nolo contendere to the offenses of battery on a law enforcement officer, resisting arrest with violence, and criminal mischief. The state argues first that the trial court, by entering into its own plea agreement with appellant and imposing a downward departure sentence, denied the state its...

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