STATE v. LEVERETT

No. 5D09-2920.

44 So.3d 634 (2010)

STATE of Florida, Appellant, v. Marcus Oneal LEVERETT, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 23, 2010.


Attorney(s) appearing for the Case

Charles J. Christ, Jr. , Attorney General, Tallahassee, and Carmen F. Corrente , Assistant Attorney General, Daytona Beach, for Appellant.

F. Wesley Blankner, Jr. , Orlando, for Appellee.


PALMER, J.

The State timely appeals the downward departure sentence imposed by the trial court on appellee, Marcus Oneal Leverett. Concluding that the reasons given by the trial court for imposing a downward departure sentence are not supported by competent, substantial evidence, we reverse.

Leverett and Brandon Harris were tried together with separate juries. The record reflects that Leverett and Harris knocked on an apartment door and then pushed their way...

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