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STATE v. McELROY

No. 2D12-872.

145 So.3d 866 (2014)

STATE of Florida, Appellant, v. David B. McELROY, Appellee.

District Court of Appeal of Florida, Second District.

April 30, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Ralph F. Guerra , Assistant Attorney General, Tampa, for Appellant.

Howard L. Dimmig, II , Public Defender, and Maureen E. Surber , Assistant Public Defender, Bartow, for Appellee.

MORRIS, Judge.

The State of Florida appeals the imposition of a downward departure sentence in this case. We hold that the reason provided by the trial court for imposing the downward departure sentence is not supported by competent, substantial evidence, and we therefore reverse and remand for resentencing.

In August 2011, David B. McElroy, the appellee, pleaded no contest to domestic battery by strangulation. Adjudication...

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