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State v. Arnold

District Court of Appeal of Florida, First District
Feb 14, 2007
948 So. 2d 910 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-1460.

February 14, 2007.

Appeal from the Circuit Court, Alachua County, George H. Pierce, J.

Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.


The State appeals the imposition of a downward departure sentence after appellee, Brian Keith Arnold, was convicted of carrying a concealed firearm and aggravated assault with a deadly weapon. Because the trial court did not provide any valid legal reason for departure that is supported by competent, substantial record evidence, we REVERSE and REMAND for resentencing. See Demoss v. State, 843 So.2d 309, 311 (Fla. 1st DCA 2003) (citing Banks v. State, 732 So.2d 1065, 1067 (Fla. 1999)).

ALLEN, PADOVANO, and LEWIS, JJ., concur.


Summaries of

State v. Arnold

District Court of Appeal of Florida, First District
Feb 14, 2007
948 So. 2d 910 (Fla. Dist. Ct. App. 2007)
Case details for

State v. Arnold

Case Details

Full title:STATE of Florida, Appellant, v. Brian Keith ARNOLD, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Feb 14, 2007

Citations

948 So. 2d 910 (Fla. Dist. Ct. App. 2007)