State v. Howard L. Hawkins, Jr.

The State of Florida appeals two downward departure sentences imposed by the trial court after Howard Hawkins, Jr. (the defendant) pled no contest in two unrelated cases to resisting an officer with violence and petit theft with prior convictions. Because the reasons provided for the departure sentences were legally invalid, we reverse.

The resisting charge arose in connection with a traffic stop, during which the defendant shoved two officers with his open palms. The petit theft charge arose roughly eight months later when the defendant was confronted by a Lowe’s employee as he was exiting…