Legal Opinion

State v. Fant

District Court of Appeal of Florida

Decided June 18, 2004No. 1D03-0465Published

1Per curiam

The state appeals the downward departure sentence imposed in this case. The trial court clearly stated its reasons for departure on the record, one of which was the appellant’s need for drug treatment. While the need for drug treatment alone would not be a proper basis for departure, State v. Shorter, 814 So.2d 1117 (Fla. 4th DCA 2002), the other reasons stated by the court to support its downward departure sentence are valid and are supported by competent substantial evidence received from testimony presented during the sentencing proceedings and in the record on appeal. “An appellate court…

2Cases cited4 opinions

  1. State v. GittoDistrict Court of Appeal of Florida · 1999
  2. Perry v. StateDistrict Court of Appeal of Florida · 1998
  3. State v. ShorterDistrict Court of Appeal of Florida · 2002
  4. Silas v. StateSupreme Court of Florida · 2001

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