STATE v. STEWART

No. 2D99-2166.

749 So.2d 555 (2000)

STATE of Florida, Appellant, v. Gregory L. STEWART, Appellee.

District Court of Appeal of Florida, Second District.

January 14, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellee.


STRINGER, Judge.

The State appeals the imposition of a downward departure sentence. We reverse because there was insufficient evidence to support the departure sentence.

Gregory Stewart was charged with felony petit theft. Stewart entered a plea of no contest based on an agreement with the trial court that he would receive a five-year suspended sentence and two years of probation. The State objected to the downward departure sentence. The trial court sentenced...

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