Legal Opinion

Camacho v. State

District Court of Appeal of Florida

Decided April 29, 2015No. 2D13-3725PublishedCited by 8 opinions

1Opinion of the Court

ALTENBERND, Judge.

Felix Camacho appeals his sentences, arguing that the trial court erred by concluding that it had no legal basis to grant a downward departure. In Banks v. State, 732 So.2d 1065 (Fla.1999), the Supreme Court of Florida created a two-step process for deciding whether to impose a downward departure sentence. These two steps are analyzed with at least three different standards of review on appeal. As a result, to facilitate review, it is very helpful for the trial court to explain on the record the precise basis for a decision to depart or not to depart from the guidelines when…

2Cases cited4 opinions

  1. Banks v. StateSupreme Court of Florida · 1999
  2. Kezal v. StateDistrict Court of Appeal of Florida · 2010
  3. John Henry Fogarty v. StateDistrict Court of Appeal of Florida · 2014
  4. Daniels v. StateDistrict Court of Appeal of Florida · 2004

3Cited by8 opinions

  1. State v. Joseph M. MiliciDistrict Court of Appeal of Florida · 2017
  2. Childers v. StateDistrict Court of Appeal of Florida · 2015
  3. William Lee Rudd v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. MARIA HIRALDO v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  5. Dawson v. State of FloridaDistrict Court of Appeal of Florida · 2026

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