HINES v. STATE

No. 2D01-3129.

817 So.2d 964 (2002)

Clyde HINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 29, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Andrea S. Manthorne, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jenny Scavino Sieg, Assistant Attorney General, Tampa, for Appellee.


PARKER, Judge.

Clyde Hines appeals his conviction and sentence for felony battery. We affirm Hines's conviction without further comment. However, because the trial court misconstrued its authority to consider a downward departure sentence, we reverse Hines's sentence and remand for reconsideration.

This case arose out of a fight between Hines and his girlfriend, Linda Jackson. At trial, Hines contended that he had...

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