STATE v. SANDERS

No. 98-01454

728 So.2d 777 (1999)

STATE of Florida, Appellant, v. Freddie SANDERS, Appellee.

District Court of Appeal of Florida, Second District.

February 19, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Assistant Public Defender, Clearwater, for Appellee.


PER CURIAM.

The State appeals the downward departure sentence that the trial court imposed upon Freddie Sanders after Sanders pleaded guilty to possession of cannabis, driving with suspended license, felony petit theft, and resisting arrest without violence. We reverse.

The State correctly argues that the trial court erred by departing on the basis that the capacity of Sanders to appreciate the criminal nature of his conduct or to conform his conduct to the...

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