State v. Massingill

I concur in the reversal of the order granting a downward departure to Gerald Massingill. Not only was a motion never filed by Massingill asking for a departure sentence, but also Massingill provided no evidence to support the order that was entered.8

I would affirm the order granting a downward departure to Elizabeth Torres. The majority finds the State was sandbagged by the defense in its ability to readily oppose Ms. Torres’ Motion for Downward Departure. The majority makes light of the fact that Ms. Torres’ motion was filed nine months before the hearing on the motion. It fails to mention…