STATE v. ROBERTS

No. 3D01-2894.

824 So.2d 908 (2002)

The STATE of Florida, Appellant, v. Kathy ROBERTS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied September 4, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Susan Odzer Hugentugler, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Assistant Public Defender, for appellee.

Before GODERICH and SHEVIN, JJ., and NESBITT, Senior Judge.


Rehearing and Rehearing En Banc Denied September 4, 2002.

PER CURIAM.

The State appeals from the imposition of a downward departure sentence in a case in which the defendant pled guilty to the offense of selling cocaine to a police officer. Because there were no valid reasons for departure, we reverse. See Atwaters v. State, 519 So.2d 611 (Fla.1988) (holding that the quantity of drugs may not be used to support a...

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