STATE v. MARSHALL

No. 5D03-1258.

869 So.2d 754 (2004)

STATE of Florida, Appellant, v. Earl MARSHALL, Appellee.

District Court of Appeal of Florida, Fifth District.

April 8, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellee.


MONACO, J.

The State of Florida appeals the sentence meted out to the appellee, Earl Marshall, after Mr. Marshall violated his probation. Because the trial court used an erroneous scoresheet and awarded a downward departure without valid written or transcribed reasons for doing so, we remand for resentencing.

In accordance with a plea agreement, Mr. Marshall pled nolo contendere to two of three drug offenses, in...

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