STATE v. BRANNUM

No. 5D03-1251.

876 So.2d 724 (2004)

STATE of Florida, Appellant, v. Marcus T. BRANNUM, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellant.

Marcus Theodore Brannum, Orlando, pro se.


SAWAYA, C.J.

The State appeals a downward departure sentence imposed on Marcus T. Brannum after he entered an open plea to the crimes of aggravated fleeing and eluding a police officer and felony driving while license revoked. The State argues that the reasons cited by the trial court for the downward departure are not supported by competent substantial evidence. We agree.

At the time he committed these offenses, Brannum was on probation for prior offenses...

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