STATE v. HARVEY

No. 5D05-396.

909 So.2d 989 (2005)

STATE of Florida, Appellant, v. Levi Michael HARVEY, Appellee.

District Court of Appeal of Florida, Fifth District.

September 9, 2005.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Jane C. Almy-Loewinger, Assistant Public Defender, Daytona Beach, for Appellee.


PLEUS, C.J.

The State claims that the trial court erred in imposing what is in effect a downward departure sentence on the defendant based upon his drug addiction.

The defendant pled nolo contendere to numerous drug-related possession charges. Pursuant to the defendant's scoresheet, which totaled 61.8 points, the defendant faced a minimum sentence of 25.35 months incarceration with a maximum sentence of 35 years incarceration.

While acknowledging that...

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