District Court of Appeal of Florida November 21, 2003, No. 5D03-458 (State v. Stanard)

GRIFFIN, J.

The State of Florida appeals the downward departure sentence of appellee, Ronald Stanard [“Stanard”]. The State charged Stanard with one count of burglary of a structure- — non-dwelling1—and one count of possession of burglary tools.2 According to the arrest affidavit, the owner of a bagel shop had opened the back door to the store to do some loading and had left it unattended.