STATE v. MONTANEZ

Nos. 4D12-3815, 4D12-4180.

133 So.3d 1151 (2014)

STATE of Florida, Appellant, v. Ariel MONTANEZ, Appellee.

District Court of Appeal of Florida, Fourth District.

February 19, 2014.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Katherine Y. McIntire , Assistant Attorney General, West Palm Beach, for appellee.

Carey Haughwout , Public Defender, and Anthony Calvello , Assistant Public Defender, West Palm Beach, for appellant.


DAMOORGIAN, C.J.

The State appeals the trial court's downward departure sentences for the defendant in two cases. The State argues that: (1) the court's ground for granting the downward departure sentences was unlawful; and (2) competent, substantial evidence did not support the court's ground for the downward departure sentences. We agree with the State's second argument and reverse.

The defendant was charged with a third DUI within ten years of his second...

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