STATE v. JONES

No. 1D13-1964.

122 So.3d 517 (2013)

STATE of Florida, Appellant, v. Michael Ray JONES, Appellee.

District Court of Appeal of Florida, First District.

October 9, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Brittany Ann Rhodaback , Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels , Public Defender, and Steven L. Seliger , Assistant Public Defender, Tallahassee, for Appellee.


SWANSON, J.

The state appeals the trial court's decision to impose a downward departure sentence after appellee entered an unconditional nolo contendere plea to child abuse and possession of a controlled substance. We agree with the state that the trial court's reason for departure was not supported by competent substantial evidence. Accordingly, we reverse and remand for resentencing.

The trial court imposed a downward departure sentence pursuant to section...

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