STATE v. HENDERSON

No. 5D13-2441.

152 So.3d 49 (2014)

STATE of Florida, Appellant, v. Mendy Rae HENDERSON, Appellee.

District Court of Appeal of Florida, Fifth District.

November 7, 2014.


Attorney(s) appearing for the Case

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

James S. Purdy , Public Defender, and John M. Selden , Assistant Public Defender, Daytona Beach, for Appellee.


The State appeals the trial court's imposition of a downward departure sentence for Mendy Rae Henderson, arguing that the trial court erred in finding that Henderson's fourth DUI offense was an isolated incident. This is the second time that the legality of Henderson's sentence has come before this Court. Once again, we reverse.

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