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STATE v. DAVIS

No. 5D10-3433.

63 So.3d 891 (2011)

STATE of Florida, Appellant, v. Charles F. DAVIS, Appellee.

District Court of Appeal of Florida, Fifth District.

June 17, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Pamela J. Koller , Assistant Attorney General, Daytona Beach, for Appellant.

Adam B. Reiss , Orlando, for Appellee.

PER CURIAM.

The State of Florida appeals the probationary sentence imposed on Charles F. Davis, following his plea to a charge of aggravated battery with a deadly weapon. Davis scored a minimum sentence of 21.3 months in prison on his Criminal Punishment Code scoresheet. Over the State's objection, the trial court departed downward, explaining that: "Given Mr. Davis's almost complete absence of a prior record, a downward departure is appropriate in this case...."...

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