STATE v. O'DORLE

No. 98-02473.

738 So.2d 987 (1999)

STATE of Florida, Appellant, v. Elias Eci O'DORLE, Appellee.

District Court of Appeal of Florida, Second District.

July 9, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Wendy Buffington, Assistant Attorney General, Tampa, for Appellant.

Nick J. Sinardi, Tampa, for Appellee.


BLUE, Judge.

The State appeals the downward departure sentences that Elias O'Dorle received over the State's objection. The sentencing judge gave two reasons for the departure sentences. Because neither was a valid departure reason in this case, we reverse.

The first reason, "the capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired," was based on O'Dorle...

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