State v. Grant

DAVIS, Judge.

The State challenges the downward departure sentence that was imposed following James Grant’s entry of an open no contest plea to sale or delivery of cocaine. Because we agree with the State that the downward departure was improper, we reverse.

The offense of sale or delivery of cocaine was committed during an undercover drug sting operation; the buyer was an undercover officer. At the sentencing hearing, defense counsel argued that Grant was entitled to a downward departure sentence because the undercover officer was “an initiator, willing participant, aggressor, or provoker of…