Darst v. State

UPON REMAND FROM SUPREME COURT

The supreme court has quashed our decision in Darst v. State, 816 So.2d 680 (Fla. 5th DCA 2002), and has remanded the case to this court. State v. Darst, 837 So.2d 394 (Fla.2002). The supreme court’s rationale for its decision is explained in Mills v. State, 822 So.2d 1284 (Fla.2002).

Accordingly, we affirm the conviction and downward departure sentence.

AFFIRMED.

THOMPSON, C.J., PETERSON and SAWAYA, JJ., concur.