STATE v. McCRAY

No. 3D09-278.

31 So.3d 871 (2010)

The STATE of Florida, Appellant, v. Terrance McCRAY, Appellee.

District Court of Appeal of Florida, Third District.

March 17, 2010.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Nikole Hiciano, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Gwendolyn Powell Braswell, Assistant Public Defender, for appellee.

Before RAMIREZ, C.J., and ROTHENBERG and LAGOA, JJ.


RAMIREZ, C.J.

The State of Florida appeals the defendant Terrance McCray's downward departure sentence. We reverse, finding that the trial court erred in imposing a sentence that was below the sentencing guidelines, over the State's objection, without filing written reasons for the downward departure and without any orally stated reasons for a downward departure.

McCray and his co-defendant were charged with burglary of an unoccupied dwelling and criminal...

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