05-1272 STATE V. LUND

State: Florida

Court: Florida Third District Court

Docket No: 05-1272 STATE V. LUND

Case Date: 11/30/2005

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005

THE STATE OF FLORIDA, Appellant, vs. ODVAR LUND, Appellee.

** ** ** ** ** ** LOWER TRIBUNAL NO. 03-24135 CASE NO. 3D05-1272

Opinion filed November 30, 2005. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Charles J. Crist, Jr., Attorney General, Hazel, Assistant Attorney General, for appellant. and Robin F.

Bennett H. Brummer, Public Defender, and Goldstein, Assistant Public Defender, for appellee. Before GERSTEN, GREEN, and ROTHENBERG, JJ. PER CURIAM. The State appeals a downward departure sentence.

Billie

Jan

The trial

court sentenced the defendant to 366 days as a habitual violent felony offender with credit for time served. The State objected

on

the

ground

that

the

sentence

fell

below

the

sentencing

guidelines.

We reverse because the downward departure sentence

was not supported by any written reasons, and the oral reasons given were legally insufficient. See

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