
    The STATE of Florida, Appellant, v. Marino RODRIGUEZ, Appellee.
    No. 98-897.
    District Court of Appeal of Florida, Third District.
    March 17, 1999.
    Robert A. Butterworth, Attorney General, and Alison B. Cutler, Assistant Attorney General, for appellant.
    Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellee.
    Before NESBITT, COPE and GODERICH, JJ.
   PER CURIAM.

Because the record supports the trial court’s downward departure sentence, we affirm the sentence. See § 921.0016(4)(j), Fla. Stat. (1995). The point raised by the defendant in his cross appeal is rendered moot as a result of our disposition of the above issue.

Affirmed.  