STATE v. HOLMES

No. 3D08-354.

994 So.2d 507 (2008)

The STATE of Florida, Appellant, v. Sylvia HOLMES, Appellee.

District Court of Appeal of Florida, Third District.

November 19, 2008.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Jerome Smiley, Jr., Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellee.

Before GERSTEN, C.J., and RAMIREZ and WELLS, JJ.


WELLS, Judge.

The State appeals from downward departure sentences in the instant two cases. The defendant concedes that the grounds on which these sentences are based are not supported by competent, substantial evidence and that the sentences should be reversed and remanded for resentencing. For the following reasons, we agree.

In August 2003, Sylvia Holmes was charged with a single count of grand theft in the third...

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