STATE v. CANTRELL

No. 5D03-562.

872 So.2d 949 (2004)

STATE of Florida, Appellant/Cross-Appellee, v. Stephen Alan CANTRELL, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 21, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.


GRIFFIN, J.

The State of Florida appeals the downward departure sentence imposed by the lower court on defendant, Stephen Alan Cantrell ["Cantrell"]. Cantrell cross-appeals the lower court's order denying his motion to correct sentence pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).

On January 4, 2002, Cantrell was charged by information with Count I, grand theft, and Count II, criminal mischief—$200 or less. The charges arose from an incident...

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