STATE v. BANKS

No. 97-04180.

712 So.2d 1165 (1998)

STATE of Florida, Appellant, v. Donald J. BANKS, Appellee.

District Court of Appeal of Florida, Second District.

June 12, 1998.


Attorney(s) appearing for the Case

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

Frank Louderback of Louderback and Helinger, St. Petersburg, for Appellee.


PER CURIAM.

The State appeals from the downward departure sentence imposed on Donald J. Banks for the offense of aggravated battery. We agree with the State that the reason for departure is not supported by sufficient record evidence and reverse.

This case involves an altercation which arose when Banks became angered by the victim, Mark Gutillo, driving at an excessive speed in their neighborhood. Banks pursued Gutillo to his driveway and punched Gutillo several...

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