STATE v. BETANCOURT

No. 5D09-3463.

40 So.3d 53 (2010)

STATE of Florida, Appellant, v. Manuel BETANCOURT, Appellee.

District Court of Appeal of Florida, Fifth District.

July 2, 2010.


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 Dee Ball, Assistant Public Defender, Daytona Beach, for Appellee.


MONACO, C.J.

This appeal by the State of Florida seeks reversal of a downward departure sentence imposed on the appellee, Manuel Betancourt, after his plea of no contest to the charge of traveling to meet a minor for an unlawful sexual act (Count 1), and four counts of solicitation of a minor via a computer. Because the basis for departure, a need for specialized medical treatment, was not supported by substantial, competent evidence, we reverse.

The written...

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