STATE v. ROBINSON

No. 98-00870.

723 So.2d 350 (1998)

STATE of Florida, Appellant, v. Antonio M. ROBINSON, Appellee.

District Court of Appeal of Florida, Second District.

December 18, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellee.


BLUE, Judge.

The State appeals a downward departure sentence for a violation of community control. We reverse because the trial court's reason for departure is not supported by the record.

The trial court announced that it was departing downward based on Antonio M. Robinson's need for drug treatment. However, nothing in the record showed that Robinson was amenable to rehabilitation. "[S]ubstance abuse, standing alone, cannot justify a departure. There must...

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