State v. Wesley

Full title: STATE OF FLORIDA, Appellant, v. SOLOMAN CLAYTON WESLEY, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 18, 2000

750 So. 2d 779 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-1770.

Opinion filed February 18, 2000.

Appeal from the Circuit Court for Marion County, William T. Swigert, Judge.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellee.

HARRIS, J.

Because we find the reasons for downward departure insufficient and unsupported, we reverse and remand for sentencing within the guidelines. See State v. Arvinger, 1999 WL 1136429 (Fla. 5th DCA 1999).

REVERSED and REMANDED for resentencing.

COBB, J., and ORFINGER, M., Senior Judge, concur.