STATE v. OWENS

No. 1D02-0370.

848 So.2d 1199 (2003)

STATE of Florida, Appellant, v. Frederick OWENS, Appellee.

District Court of Appeal of Florida, First District.

July 3, 2003.


Attorney(s) appearing for the Case

Charlie Crist, Attorney General; Elizabeth Fletcher Duffy, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.


LEWIS, J.

The State seeks review of the downward departure sentence imposed upon appellee, Frederick Owens, by the trial court over the State's objection. The trial court gave two reasons for the downward departure: first, the victims' need for restitution outweighed the State's interest in imprisonment, and second, that Owens seemed amenable to drug rehabilitation. Concluding that the first reason for departure is not supported by competent, substantial evidence...

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