STATE v. ROLLE III (2018)

District Court of Appeal of Florida, Fifth District.

STATE of Florida, Appellant/Cross–Appellee, v. Roy Livingston ROLLE, III, Appellee/Cross–Appellant.

Case No. 5D17–1599

Decided: June 01, 2018

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.

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.

PER CURIAM.

TORPY, WALLIS and LAMBERT, JJ., concur.

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