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McCORVEY v. STATE

No. 1D03-3033.

872 So.2d 395 (2004)

Mario M. McCORVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 30, 2004.

Attorney(s) appearing for the Case

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

Charles J. Crist, Jr., Attorney General; Karen Armstrong, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct appeal of a sentence imposed following revocation of community control, the appellant claims that the trial court erred when it sentenced him to the lowest permissible sentence under the Criminal Punishment Code after expressing the erroneous belief that it could not consider as reasons for a downward departure any factors that were not specifically enumerated in section 921.0026, Florida Statutes (2003). The appellant is correct;

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