Allison N. Napoles v. State

Ñapóles filed a petition alleging ineffective assistance of appellate counsel. We grant the petition and remand for resentencing.

Ñapóles was charged with first-degree grand theft for embezzling over a million dollars from her employer’s trust account. She entered an open plea and moved for a downward departure based on several mitigating factors under section 921.0026, Florida Statutes (2007), including the need for specialized treatment for her bipolar disorder. In particular, Ñapóles relied on section 921.0026(2)(d), which provides that a departure is reasonably justified when the defendant…