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State v. Leyva

District Court of Appeal of Florida, Third District
Dec 9, 2009
23 So. 3d 229 (Fla. Dist. Ct. App. 2009)

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).


Summaries of

State v. Leyva

District Court of Appeal of Florida, Third District
Dec 9, 2009
23 So. 3d 229 (Fla. Dist. Ct. App. 2009)
Case details for

State v. Leyva

Case Details

Full title:The STATE of Florida, Appellant, v. Alfonso LEYVA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 9, 2009

Citations

23 So. 3d 229 (Fla. Dist. Ct. App. 2009)