Legal Opinion

State v. Redden

District Court of Appeal of Florida

Decided August 28, 2015No. 5D14-2894Published

1Opinion of the CourtWallis, J.

The State appeals the downward departure sentence given to Appellee by the trial court, arguing that no valid legal basis existed for the departure under section 921.0026(2)©, Florida Statutes (2013). Specifically, the State asserts that no evidence supports the trial court’s finding that Appellee’s offense: was committed in an unsophisticated manner, was an isolated-incident, and that Appellee showed remorse. All three elements are required to justify a downward departure. Because Appellee’s criminal history clearly demonstrates that the instant offense was not an isolated incident, we…

2Cases cited11 opinions

  1. Banks v. StateSupreme Court of Florida · 1999
  2. State v. AyersDistrict Court of Appeal of Florida · 2005
  3. State v. AmodeoDistrict Court of Appeal of Florida · 1999
  4. State v. WalkerDistrict Court of Appeal of Florida · 2006
  5. State v. WatermanDistrict Court of Appeal of Florida · 2009

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