STATE v. SWILLEY

No. 5D11-397.

73 So.3d 822 (2011)

STATE of Florida, Appellant, v. Desmond L. SWILLEY, Appellee.

District Court of Appeal of Florida, Fifth District.

October 21, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance for Appellee.


PER CURIAM.

The State of Florida appeals the downward departure jail and probationary sentence imposed on Desmond L. Swilley, following his plea to a third degree felony grand theft charge. Based upon his extensive prior criminal record of nine prior felony convictions and even more prior misdemeanors, Swilley scored 34.35 months in prison as a minimum legal sentence on his criminal punishment scoresheet. Following an off-the-record discussion with the prosecutor...

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