STATE v. BUTLER

No. 2D00-1211.

787 So.2d 47 (2001)

STATE of Florida, Appellant, v. Shannon BUTLER, Appellee.

District Court of Appeal of Florida, Second District.

February 23, 2001.


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 Tosha Cohen, Assistant Public Defender, Bartow, for Appellee.


SALCINES, Judge.

The State appeals the downward departure sentence entered after the trial court accepted the no contest plea of Shannon Butler. We reverse because the reason given by the trial court to justify the downward departure sentence is insufficient and, further, the record does not support the trial court's reasoning.

At the plea hearing, the trial court stated that off-the-record discussions had taken place...

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