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STATE v. KREMER

No. 5D12-3490.

114 So.3d 420 (2013)

STATE of Florida, Appellant, v. Ryan C. KREMER, Appellee.

District Court of Appeal of Florida, Fifth District.

May 31, 2013.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock Mcguigan , Assistant Attorney General, Daytona Beach, for Appellant.

John J. Albert , of Albert & Donnelly LLC, Melbourne, for Appellee.

PALMER, J.

The State appeals the downward departure sentence imposed on Ryan Kremer (defendant), following his guilty plea to a charge of driving under the influence of alcohol (DUI) manslaughter1. Determining that the defendant's sentence is illegal because it does not include the mandatory minimum term required by statute, we reverse.

Following the defendant's entry of an open plea...

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