STATE v. CLAY

No. 5D00-1357.

780 So.2d 269 (2001)

STATE of Florida, Appellant, v. Robert Thomas CLAY, Appellee.

District Court of Appeal of Florida, Fifth District.

March 2, 2001.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Scott Ragan, Assistant Public Defender, Daytona Beach, for Appellee.


SAWAYA, J.

The State appeals the downward departure sentence imposed on the Appellee, who was charged, for the second time, with violation of probation. Appellee was originally placed on probation for substantive offenses he committed on August 18, 1998. He admitted the second violation, which is the subject of the instant appeal, without the benefit of a plea agreement. The trial court held a sentencing hearing where the State advised the court that the guidelines...

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