STATE v. WATERMAN

No. 4D08-415.

12 So.3d 1265 (2009)

STATE of Florida, Appellant, v. Michael WATERMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

July 1, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Mark J. Hamel, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Elisabeth Porter, Assistant Public Defender, West Palm Beach, for appellee.


DAMOORGIAN, J.

The State of Florida timely appeals the trial court's downward departure sentence imposed on Michael Waterman on a charge of escape. In this appeal, the State argues that the trial court erred in granting Waterman a downward departure sentence pursuant to section 921.0026(2)(j), Florida Statutes (2008), because the record shows that his escape charge was not an isolated incident, one of the requirements for a mitigated sentence under that subsection...

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