Opinion
No. 3D09-1071.
December 9, 2009.
An Appeal from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge.
Bill McCollum, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellant.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellee.
Before COPE, GERSTEN, and LAGOA, JJ.
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).