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STATE v. BOSOMPEM

Nos. 5D12-3471, 5D13-119.

146 So.3d 98 (2014)

STATE of Florida, Appellant/Cross-Appellee, v. Ebenezer BOSOMPEM, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

August 29, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

James S. Purdy , Public Defender, and James R. Wulchak , Assistant Public Defender, Daytona Beach, for Appellee/Cross-Appellant.

BERGER, J.

The State of Florida appeals the downward departure sentence imposed against Ebenezer Bosompem for the crime of attempted second degree murder. The State argues that the departure was not supported by competent, substantial evidence. We agree and reverse.1

It is undisputed that Bosompem, while intoxicated, choked and threatened to kill the victim. The events leading up to the incident involve Bosompem, a resident of...

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