STATE v. PEREZ-GONZALEZ

No. 3D03-2428.

884 So.2d 1031 (2004)

The STATE of Florida, Appellant, v. Miguel PEREZ-GONZALEZ, Appellee.

District Court of Appeal of Florida, Third District.

October 13, 2004.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellee.

Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.


LEVY, Judge.

The State appeals from a final judgment of conviction and sentence on the ground that the trial court erroneously sentenced the defendant, Miguel Perez-Gonzalez, to a downward sentence without valid reasons for the departure.

Section 921.0026(1), Florida Statutes, prohibits a downward departure from the lowest permissible sentence as calculated by the guidelines score sheet. § 921.0026(1), Fla. Stat. (2003). Section 921.0026(2)(j), Florida...

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