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684 So. 2d 251

State v. Fletcher

District Court of Appeal of Florida

Decided December 4, 1996

District Court of Appeal of Florida · decided 1996-12-04

Cited by 1 later decisions — most recently June 2006

1 state decisions

Relies on 632 So. 2d 127 - State v. Nathan

Good law ✅— No negative treatment on recordhow we know

Decided 1996-12-04

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THREADGILL, Chief Judge.

¶1The state challenges the imposition of a downward departure sentence upon the ap-pellee, Nicole J. Fletcher, for committing a battery upon a pregnant woman. We reverse and remand for resentencing.

¶2Pursuant to section 921.001(6), Florida Statutes (1995), the facts supporting the reasons for a downward departure must be established by a preponderance of the evidence. See also State v. Nathan, 632 So.2d 127 (Fla. 1st DCA 1994). The record we have been furnished in the instant case fails to set forth any evidence whatsoever to establish the facts supporting the reasons for the trial court’s downward departure. For that reason, the instant cause is reversed and remanded for resentencing within the guidelines.

¶3Reversed and remanded.

SCHOONOVER and WHATLEY, JJ., concur.
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