IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED STATE OF FLORIDA, Appellant/Cross-Appellee, v. Case No. 5D17-1599 ROY LIVINGSTON ROLLE, III, Appellee/Cross-Appellant. ________________________________/ Opinion filed June 1, 2018 Appeal from the Circuit Court for Lake County, William G. Law, Jr., Judge.

Pamela Jo Bondi, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant/Cross-Appellee.

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

PER CURIAM.

We conclude that there was no competent, substantial evidence to support a downward departure sentence in this battery case. Accordingly, we reverse the sentence and remand this cause with instructions that the lower court sentence Appellee in accordance with the Criminal Punishment Code. REVERSED AND REMANDED.

TORPY, WALLIS and LAMBERT, JJ., concur.