STATE v. SILVER

No. 97-3478.

722 So.2d 222 (1998)

STATE of Florida, Appellant, v. Alan SILVER, Appellee.

District Court of Appeal of Florida, Fourth District.

October 28, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellee.


WARNER, Judge.

Over the objection of the state, the trial court entered a downward departure sentence upon appellee's plea to racketeering and organized fraud based upon a scheme whereby telemarketers offered telephone callers non-existent overseas jobs for a fee. Because there was no evidentiary basis for the departure sentence, we reverse.

Prior to entering a plea, appellee moved for a downward departure sentence, asserting that he was "a relatively minor...

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