Legal Opinion

State v. Browne

District Court of Appeal of Florida

Decided March 18, 2016No. 5D15-1545PublishedCited by 5 opinions

1Opinion of the CourtEdwards, J.

The State appeals the downward departure imposed on Appellee James Michael Browne’s-sentence for his second violation of probation. Because the only statutory basis given by the trial court for the downward departure is not supported by com*378petent, substantial evidence, we reverse. Though the lowest permissible sentence under the Criminal Punishment Code was 15.15 months in the Department of Corrections, the trial court imposed a downward departure sentence of 51 weeks in the county jail. ’ See § 921.002(1)’(bj, Fla. Stat. (2015).1 The trial court’s reasons for imposing the downward departure…

2Cases cited9 opinions

  1. Jackson v. StateSupreme Court of Florida · 2011
  2. State v. MannDistrict Court of Appeal of Florida · 2004
  3. State v. SalgadoDistrict Court of Appeal of Florida · 2006
  4. State v. SilverDistrict Court of Appeal of Florida · 1998
  5. State v. LeverettDistrict Court of Appeal of Florida · 2010

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. Joseph M. MiliciDistrict Court of Appeal of Florida · 2017
  2. STATE OF FLORIDA v. JACOB LACKEYDistrict Court of Appeal of Florida · 2018
  3. State v. SchulerDistrict Court of Appeal of Florida · 2019
  4. State v. Howard L. Hawkins, Jr.District Court of Appeal of Florida · 2017
  5. State v. SchulerDistrict Court of Appeal of Florida · 2019

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