STATE v. GREEN

Nos. 4D05-2009, 4D05-2247.

971 So.2d 146 (2007)

STATE of Florida, Appellant, v. George GREEN, Appellee.

District Court of Appeal of Florida, Fourth District.

December 5, 2007.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Michael Antinori, Assistant Public Defender, West Palm Beach, for appellee.


HAZOURI, J.

Appellant, State of Florida, appeals the trial court's downward departure of appellee, George Green's, sentence and Green cross-appeals. We affirm Green's cross-appeal without discussion but reverse the downward departure sentence and remand for resentencing.

The State asserts that the trial court erred in imposing a downward departure sentence because the evidence presented was legally insufficient to meet the statutory requirements for such departure...

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