STATE v. PEREZ-DIAZ

No. 3D14-2885.

189 So.3d 896 (2016)

The STATE of Florida, Appellant, v. Yanker Orlando PEREZ-DIAZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 12, 2016.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Jacob Addicott , Assistant Attorney General, for appellant.

Clayton R. Kaeiser , for appellee.

Before WELLS, ROTHENBERG, and EMAS, JJ.


The State of Florida appeals the downward departure sentence imposed by the trial court in its effort to achieve sentencing parity between two co-defendants. Because the record reflects that these two defendants were not similarly situated and not equally culpable, we conclude that there is no legal basis to sustain the downward departure...

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