Kezal v. State

WALLACE, Judge.

Lindsay Kezal challenges the sentences imposed on her following her no contest plea to the charges of DUI manslaughter, *254section 316.198(3)(c)(3), Florida Statutes (2005), and DUI with serious bodily injury to another, section 316.193(3)(c)(2). She argues that the circuit court erred in determining that it could not consider the mitigating factors listed at subsections (2)(c) and (2)(j) of section 921.0026, Florida Statutes (2005), with respect to her request for a downward departure because her offenses involved driving under the influence. We agree with Ms. Kezal’s argument in…