Legal Opinion

State v. Williams

District Court of Appeal of Florida

Decided April 17, 1998No. 97-2771Published

1Opinion of the Court

COBB, Judge.

The trial judge imposed a downward departure sentence on the defendant, Michael Williams, who pled guilty to the offenses of arson and grand theft of a motor vehicle. The bases for the departure listed by the court were:

offense was unsophisticated and defendant showed remorse; victim and defendant intend to marry, victim and defendant have a child together; the offense was an act of passion.

We find that the reasons enunciated by the trial court are insufficient to support a downward departure sentence. See State v. Sachs, 526 So.2d 48 (Fla.1988); State v. Johns, 576 So.2d 1332…

2Cases cited4 opinions

  1. Shull v. DuggerSupreme Court of Florida · 1987
  2. State v. SachsSupreme Court of Florida · 1988
  3. State v. McGriffDistrict Court of Appeal of Florida · 1997
  4. State v. DufferDistrict Court of Appeal of Florida · 1987

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