Opinion
Case No. 5D17–1599
06-01-2018
STATE of Florida, Appellant/Cross–Appellee, v. Roy Livingston ROLLE, III, Appellee/Cross–Appellant.
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.
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.