Florida District Courts of Appeal, 2009

State v. Leyva

State v. Leyva
Florida District Courts of Appeal · Decided December 9, 2009 · Cope, Gersten, Lagoa
23 So. 3d 229; 2009 Fla. App. LEXIS 19074; 2009 WL 4639646 (Southern Reporter, Third Series)

State v. Leyva

Opinion of the Court

PER CURIAM.

While sympathetic to the trial court’s desire to impose what the court felt was a fair sentence under the circumstance of this case, the fact remains that this is a downward departure sentence imposed over State objection without downward departure reasons. We are obliged to reverse. State v. Green, 932 So.2d 365 (Fla. 3d DCA 2006).

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