STATE v. ARNOLD (2007)

District Court of Appeal of Florida,First District.

STATE of Florida, Appellant, v. Brian Keith ARNOLD, Appellee.

No. 1D06-1460.

Decided: February 14, 2007

Bill McCollum, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellant. Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellee.

The State appeals the imposition of a downward departure sentence after appellee, Brian Keith Arnold, was convicted of carrying a concealed firearm and aggravated assault with a deadly weapon. Because the trial court did not provide any valid legal reason for departure that is supported by competent, substantial record evidence, we REVERSE and REMAND for resentencing. See Demoss v. State, 843 So.2d 309, 311 (Fla. 1st DCA 2003) (citing Banks v. State, 732 So.2d 1065, 1067 (Fla.1999)).

PER CURIAM.

ALLEN, PADOVANO, and LEWIS, JJ., concur.

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