Legal Opinion

State v. Alginavon T. Cleveland

District Court of Appeal of Florida

Decided February 22, 2016No. 5D14-4346Published

1Per curiam

The State of Florida appeals the downward departure sentences imposed upon Alginavon T. Cleveland following his pleas of no contest in two separate cases 1 to the charges of possession of cannabis with intent to sell, criminal mischief, and battery on a law enforcement officer. 2 Because the reasons given for the departure sentences are either legally insufficient or not factually supported, we reverse. See State v. Leverett, 44 So.3d 634, 637 (Fla. 5th DCA 2010) (finding home invasion was not isolated because defendant had a prior record which included, a felony conviction for possession of…

2Cases cited10 opinions

  1. Jackson v. StateSupreme Court of Florida · 2011
  2. State v. StephensonDistrict Court of Appeal of Florida · 2008
  3. State v. BellDistrict Court of Appeal of Florida · 2003
  4. State v. FaloccoDistrict Court of Appeal of Florida · 1999
  5. State v. LeverettDistrict Court of Appeal of Florida · 2010

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