STATE v. OWENS

No. 5D11-4257.

95 So.3d 1018 (2012)

STATE of Florida, Appellant, v. James Robert OWENS, Appellee.

District Court of Appeal of Florida, Fifth District.

August 24, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Megan Saillant , Assistant Attorney General, Daytona Beach, for Appellant.

No Appearance for Appellee.


EN BANC.

ORFINGER, C.J.

The State of Florida appeals the downward departure sentence imposed on James R. Owens following his nolo contendere plea to several felonies and misdemeanors. We affirm, but elect to consider this case en banc to recede from a line of earlier cases that impose a requirement on a sentencing statute that goes beyond the statute's plain language.

Florida law provides that a trial court must, at a minimum, impose the lowest...

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