STATE v. SUBIDO

Nos. 5D04-3922, 5D04-4228.

925 So.2d 1052 (2006)

STATE of Florida, Appellant/Cross-Appellee, v. Edgar Allan SUBIDO, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 12, 2006.


Attorney(s) appearing for the Case

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

Raymond L. Goodman, Altamonte Springs, for Appellee/Cross-Appellant.


THOMPSON, J.

The State appeals Edgar Allan Subido's downward departure sentence. Subido's scoresheet indicated that his lowest permissible sentence was 108 months' incarceration; the court sentenced him to two years' community control and nine years' probation. Finding no legal basis for the reasons given for departure, we reverse and remand for resentencing.

Because of the nature of the crime and the sentence imposed, we submit the following facts: In January...

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