STATE v. THOMPSON

No. 5D99-2114.

754 So.2d 126 (2000)

STATE of Florida, Appellant, v. Paul THOMPSON, Appellee.

District Court of Appeal of Florida, Fifth District.

March 17, 2000.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Marry G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Janet Brook Goodrich, Assistant Public Defender, Daytona Beach, for Appellee.


ORFINGER, M., Senior Judge.

Appellee was charged by information with and pled guilty to felony driving while license cancelled, suspended or revoked in violation of section 322.34(2), Florida Statutes. Because of an extensive prior felony record, the lowest permissible prison sentence based on the guidelines was 64.5 months. The trial judge departed downward and sentenced appellee to a prison term of 36 months. The state appeals and we reverse.

At the sentencing...

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