STATE v. KINSMAN

No. 97-3303.

715 So.2d 360 (1998)

STATE of Florida, Appellant, v. Scott Thomas KINSMAN, Appellee.

District Court of Appeal of Florida, Fifth District.

August 14, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Simone P. Firley, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellee.


COBB, Judge.

The state challenges the entry of a downward departure sentence by the trial court for the appellee, Kinsman, who had pled guilty to burglary and petit theft. The basis for the departure sentence, as stated by the trial court, was that Kinsman was addicted to alcohol and should receive treatment. The state contends that there was insufficient record evidence to support the court's determination that Kinsman had a substance abuse problem at the time the...

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