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State v. Berry, No. 3D09-448 (Fla. App. 9/23/2009) (Fla. App., 2009)

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The State of Florida, Appellant, v. Laffayette Berry, Appellee. No. 3D09-448 District Court of Appeal of Florida, Third District. Opinion filed September 23, 2009. An Appeal from the Circuit Court for Miami-Dade County, Dennis J. Murphy, Judge, Lower Tribunal No. 06-14724. Bill McCollum, Attorney General, and Lunar Claire Alvey, Assistant Attorney General, for appellant. Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public Defender, for appellee. Before COPE, GERSTEN, and CORTIÑAS, JJ. PER CURIAM. The State of Florida (”the State”) appeals Laffayette Berry’s (”the defendant”) downward departure sentence. We reverse. Based on a review of the record, we find that there was no competent substantial evidence presented to support the downward departure sentence...continue to full post

Full post as published by Florida Criminal Law Opinions on September 23, 2009 (boomark / email).