STATE v. PEREZ

No. 3D07-1548.

979 So.2d 986 (2008)

The STATE of Florida, Appellant, v. Antonio PEREZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 22, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Heidi Milan Caballero, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Robert Godfrey, Assistant Public Defender, for appellee.

Before COPE and GREEN, JJ., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Pursuant to section 924.07(1)(i), Florida Statutes (2007), which provides that it may appeal from "[a] sentence imposed below the lowest permissible sentence established by the Criminal Punishment Code under chapter 921," otherwise known as the sentencing guidelines, the state seeks review of what it says is a downward departure sentence. Its only complaint, however, is that the sentence calls for confinement in the county jail, rather than...

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