STATE v. COOPER

No. 4D03-2803.

889 So.2d 119 (2004)

STATE of Florida, Appellant, v. Mark COOPER, Appellee.

District Court of Appeal of Florida, Fourth District.

November 24, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellant.

Terrence Moons, Jr., Fort Lauderdale, for appellee.


SHAHOOD, J.

We reverse appellant's downward departure sentence, and remand for resentencing within the guidelines.

A mitigating factor which justifies a downward departure from the sentencing guidelines is, "the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse." § 921.0026(2)(j), Fla. Stat. (2003). To justify departure on this basis, all three elements must be articulated by the...

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