STATE v. KNOX

No. 5D07-3985.

990 So.2d 665 (2008)

STATE of Florida, Appellant, v. Benjamin Franklin KNOX, Appellee.

District Court of Appeal of Florida, Fifth District.

September 12, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee.


EVANDER, J.

The State appeals a downward departure sentence imposed on Knox after he pled nolo contendere to an attempted first degree murder charge. Because the grounds for departure stated by the trial court were either legally insufficient or factually unsupported, we reverse.

The record reflects that the victim, Michele Marks, was Knox's ex-girlfriend and the mother of his five-year-old son. On the day in question, Marks had called Knox to ask him...

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