John Henry Fogarty v. State

On Motion for Rehearing

WARNER, J.

We deny appellant’s motion for rehearing, withdraw our previous opinion, and issue the following in its place.

Appellant, John Fogarty, pled guilty to DUI manslaughter and sought a downward departure sentence from his lowest permissible sentence of 124.5 months in prison. After a full hearing, the trial court denied the downward departure and sentenced him to eleven years in prison. He appealed, and counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), concluding that there were no arguable issues to raise.…