STATE v. SCANES

No. 3D07-1283.

973 So.2d 659 (2008)

The STATE of Florida, Appellant, v. Terry SCANES, Appellee.

District Court of Appeal of Florida, Third District.

February 6, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Olga L. Villa, Assistant Attorney General, for appellant.

Julie D. Leckart and Andrew F. Rier, Miami, for appellee.

Before GERSTEN, C.J., and ROTHENBERG, and SALTER, JJ.


ROTHENBERG, Judge.

The State of Florida ("the State") appeals the trial court's order which: (1) sentences Terry Scanes ("the Defendant") below the recommended guidelines; (2) imposes a three-year minimum mandatory sentence, as opposed to the statutorily required ten-year minimum mandatory sentence set forth in section 775.087, Florida Statutes (2005), as to the Defendant's kidnapping conviction; and (3) fails to impose one year of probation, as required by section...

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