State v. Perez-Diaz

The State of Florida appeals the downward ■ departure' sentence imposed by the trial court in its effort to achieve sentencing parity between two' co-defendants. Because the record reflects that these two defendants were not similarly situated and not equally culpable, we conclude that there is no legal basis'to sustain the downward departure sentence. Accordingly, we reverse the sentence and remand for a resentencing of the defendant, Yanker Orlando Perez-Diaz.

The operative facts are as follows. Perez-Diaz, Mailin Robaina, and Mailin’s brother, Jorge Robaina, were charged with various…