Legal Opinion · Concurrence

Hill v. State

District Court of Appeal of Florida

Decided October 16, 2013No. 1D13-1854Published

1Concurrence

MAKAR,

J.,'concurring.

An underlying issue in this case is how far back in time may a court look in determining a defendant’s cooperation for purposes of section 921.0026(2)(i), Florida Statutes, which provides that a downward departure from the lowest possible sentence may be reasonably justified in a non-capital felony case when “[t]he defendant cooperated with the state to resolve the current offense or any other offense.” Hill asserts that she cooperated with the police in two unrelated prior cases, which she claims should have formed a basis for downward departure on her current sentence.

Th…

2Cases cited2 opinions

  1. State v. TyrrellDistrict Court of Appeal of Florida · 2002
  2. State v. PITADistrict Court of Appeal of Florida · 2011

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