State v. Francis

HERSEY, Chief Judge.

The state appeals a downward departure from the sentencing guidelines. We reverse.

Pursuant to a plea bargain with the court, the defendant pled guilty to possession of cocaine and was sentenced to three years’ probation although the recommended guidelines range was 2% to 3V2 years’ imprisonment. The prosecution objected to the downward departure. The small quantity of drugs involved and the fact that the defendant was a “substance abuser” were the reasons stated for the departure.

The first reason for departure is invalid. See Atwaters v. State, 519 So.2d 611 (Fla.1988)…