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STATE v. BROWN

No. 98-719.

717 So.2d 625 (1998)

STATE of Florida, Appellant, v. Harold Lloyd BROWN, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

September 25, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Stephanie H. Park, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State appeals the downward departure sentence for offenses committed August 9, 1997. We reverse.

In departing, the trial court found two mitigating factors. First, the court indicated that it departed because Brown required specialized treatment for his addiction and was amenable to treatment. The legislature has eliminated this reason for departure for crimes occurring after July 1, 1997. § 921.0016(4)(d), Fla. Stat. (1997); Ch. 97-194...

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