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STATE of Florida, Appellant/Cross-Appellee, v. Roy Livingston ROLLE, III, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District2018-06-01No. Case No. 5D17–1599
244 So. 3d 424

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Opinion

majority opinion

PER CURIAM.

We conclude that there was no competent, substantial evidence to support a downward departure sentence in this battery case. Accordingly, we reverse the sentence and remand this cause with instructions that the lower court sentence Appellee in accordance with the Criminal Punishment Code. REVERSED AND REMANDED.

TORPY, WALLIS and LAMBERT, JJ., concur.