STATE v. FRAZIER

No. 98-530.

752 So.2d 614 (1999)

STATE of Florida, Appellant, v. Joe Lewis FRAZIER, Appellee.

District Court of Appeal of Florida, Fifth District.

March 12, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Kelli R. Orndorff, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellee.


PER CURIAM.

The State of Florida appeals the downward departure sentence entered by the trial court after Joe Frazier was adjudicated guilty of violating his community control. We reverse.

As the basis for imposing a departure sentence, the trial court determined that the state had agreed to the imposition of a downward departure sentence when Mr. Frazier was originally sentenced on the underlying crime of burglary. Specifically, when Mr. Frazier was originally...

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