STATE v. SPIOCH

Nos. 96-1603, 96-1911.

706 So.2d 32 (1998)

STATE of Florida, Appellant/Cross-Appellee, v. Mary Ann SPIOCH, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 23, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

Daniel S. Ciener, Andy M. Fouche', Curtis N. Flajole and David J. Romett of Law Firm of Daniel S. Ciener, Merritt Island, for Appellee/Cross-Appellant.


GRIFFIN, Chief Judge.

Mary Ann Spioch was convicted of criminal conspiracy to commit first-degree premeditated murder. The trial court declined to impose a guidelines sentence, instead ordering that Spioch serve fifteen years probation. The state has appealed the downward departure sentence; Spioch has cross-appealed her conviction contending, inter alia, that there was insufficient evidence that she conspired to commit murder.

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