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STATE v. CLARK

No. 97-3072

724 So.2d 653 (1999)

STATE of Florida, Appellant, v. Rhonnie CLARK, Appellee.

District Court of Appeal of Florida, Fifth District.

January 15, 1999.

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 Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellee.

HARRIS, J.

On February 4, 1997, Clark was charged with driving while license suspended or revoked.1 Several months later, he pled to the offense and sought a downward departure from his guideline sentence because of alcohol addiction and his amenability to specialized treatment. Over the State's objection, the trial court mitigated his sentence. This record simply does not justify the departure.

First, there is no credible evidence...

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