State of Florida v. Rodney Larry Robinson

The State appeals what amounts to a three year county jail sentence for two first-degree felonies committed by an offender with a lengthy criminal record. The State contends that the grounds relied upon by the trial court for this downward departure sentence are not legally valid. We agree. Accordingly, we reverse and remand for resentencing.

Factual and Procedural Background

The appellee, Rodney Larry Robinson, sold $50 worth of crack cocaine to a confidential source near a church in Jasper. He was arrested and charged with sale of cocaine within 1,000 feet of a church (count 1) and possession…