State v. Stephens

The State seeks review of the trial court’s downward departure sentence arguing that the downward departure sentence given Carlos Stephens, appellee, is contrary to section 921.0026(1), Florida Statutes (2011) (“A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure.”).

Although below the State argued in opposition to the appellee’s motion for a downward departure sentence, the State did not enter an objection…