STATE v. AMARO

Nos. 5D99-2113, 5D99-2284.

762 So.2d 998 (2000)

STATE of Florida, Appellant/Cross-Appellee, v. Felix Manuel AMARO, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 4, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.


SAWAYA, J.

The State appeals the sentence imposed on the defendant arguing that the trial judge applied an invalid reason for the downward departure. The defendant cross-appeals the lower court's order revoking his community control.

The defendant was charged with two counts of capital sexual battery and two counts of a lewd act upon a child. Pursuant to a plea offer from the State, the defendant pled nolo contendere to three counts of a lewd act upon a child...

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