Price v. State

Appellant contends that the trial court, in sentencing him upon a probation revocation, erred in not imposing a downward departure sentence based on his claim of alcohol addiction and/or substantial impairment at the time of his original offense. We disagree with appellant on this point but reverse the sentence for the reasons stated below.

Appellant was not charged with a violation of the Law Enforcement Protection Act, section 775.0823, Florida Statutes (1995). Thus, as the state properly concedes, the 1.5 law enforcement protection multiplier was erroneously applied to appellant’s sentence.…