STATE v. SCOTT

No. 96-02621.

693 So.2d 86 (1997)

STATE of Florida, Appellant, v. Christopher SCOTT, Appellee.

District Court of Appeal of Florida, Second District.

May 2, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellee.


FRANK, Acting Chief Judge.

The State of Florida has appealed from a downward departure sentence imposed upon Christopher Scott. Because the departure reason was not supported by record evidence, we reverse.

Scott pleaded guilty to burglary and grand theft and admitted to the court that he had a drug problem. Defense counsel advised the court that a program called Team Challenge in Sanford, Florida, which boasted an 86% success rate, had bed space available...

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