STATE v. PETRINGELO

No. 2D99-3433.

762 So.2d 965 (2000)

STATE of Florida, Appellant, v. Nicholas PETRINGELO, Appellee.

District Court of Appeal of Florida, Second District.

May 31, 2000.


Attorney(s) appearing for the Case

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

J. Kevin Hayslett, Clearwater, for Appellee.


WHATLEY, Judge.

The State appeals the downward departure sentences that the trial court entered after Petringelo admitted to violating his probation. The trial court based the departure on two reasons. We conclude that neither reason was supported by the evidence and reverse.

In departing downward from the guidelines, the trial court found that Petringelo required specialized treatment for addiction and he was amenable to such treatment, and it found that...

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