STATE v. REITH

No. 2D08-5556.

43 So.3d 909 (2010)

STATE of Florida, Appellant, v. James A. REITH, Appellee.

District Court of Appeal of Florida, Second District.

September 8, 2010.


Attorney(s) appearing for the Case

Bill McCollum , Attorney General, Tallahassee, and Dawn A. Tiffin , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Tosha Cohen , Assistant Public Defender, Bartow, for Appellee.


SILBERMAN, Judge.

The State seeks review of the downward departure sentences the trial court imposed against James A. Reith for seven sale and possession charges arising from four different transactions in August, September, and October 2007. The State argues that Reith failed to present competent, substantial evidence to support the departure. We agree and reverse.

Although Reith's scoresheet reflected a minimum sentence of 16.5 months' incarceration, the...

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