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STATE v. TORRES

No. 2D10-920.

60 So.3d 560 (2011)

STATE of Florida, Appellant, v. Jason TORRES, Appellee.

District Court of Appeal of Florida, Second District.

May 6, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Ronald Napolitano , Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman , Public Defender, and Judith Ellis , Assistant Public Defender, Bartow, for Appellee.

LaROSE, Judge.

The State appeals a downward departure prison sentence imposed on Jason Torres. See Fla. R. App. P. 9.140(c)(1)(N). It argues that the trial court's reasoning is invalid or not supported by competent, substantial evidence. We agree, in part, and remand for further consideration.

Mr. Torres pleaded no contest to two counts of DUI manslaughter. See § 316.193(3)(c)(3)(a), Fla. Stat. (2008). Mr. Torres, the driver, and the two...

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