State v. Pinckney

CRENSHAW, Judge.

The State of Florida appeals a downward departure, sentence of twelve months’ probation in this battery case, asserting that the court lacked competent, substantial evidence to impose the departure sentence. Specifically, it argues that there was insufficient evidence that the victim provoked the incident within the meaning of section 921.0026(2)(f), Florida Statutes (2011).1 Because the downward departure sentence lacks competent, substantial evidence to support it, we reverse and remand for resentencing.

Herbert Pinckney, the defendant, pleaded to the battery of a woman with…