STATE v. TEAL

No. 2D02-1301.

831 So.2d 1254 (2002)

STATE of Florida, Appellant, v. David Keith TEAL, Appellee.

District Court of Appeal of Florida, Second District.

December 13, 2002.


Attorney(s) appearing for the Case

Richard E. Doran, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellee.


CASANUEVA, Judge.

After he violated his probation, David Teal received a downward departure sentence of eighteen months' prison instead of the guidelines' recommendation of forty months to ten years. At the conclusion of a hearing at which the prosecutor and defense attorney discussed Mr. Teal's health problems, the court offered and Mr. Teal accepted the mitigated sentence. Upon taking the plea, however, the court stated simply that it had elected to "depart from...

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