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STATE v. WEAVER

No. 5D09-828.

23 So.3d 829 (2009)

STATE of Florida, Appellant, v. Johnnie Lee WEAVER, a/k/a Jonny L. Waver, Appellee.

District Court of Appeal of Florida, Fifth District.

December 4, 2009.

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.

COHEN, J.

Appellee was arrested and pled guilty to felony driving while license suspended. He entered an "open" plea (i.e., without the benefit of a plea bargain) and his sentencing scoresheet reflected a minimum sentence of 27.375 months in the Department of Corrections. Appellee sought a downward departure, arguing the offense was committed in an unsophisticated manner, was an isolated incident, and he showed remorse...

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