Mr. Chubbuck violated his probation. After considering mitigating circumstances, the judge sentenced him to 96 days in jail with credit for 96 days time served. The state, which had requested prison time, objected to the downward departure from the sentencing guidelines. The Fourth District Court of Appeal agreed with the downward departure but also remanded the case for a new sentencing hearing. The state appeals to this Court for further review.

Palm Beach County