Bellamy v. State

The issue for our consideration in this case is whether the tidal court correctly applied the law in denying appellant’s motion for downward departure. Because the trial court incorrectly applied the law as to two of the downward departure elements, and because the record does not establish that the trial court properly applied the law as to the third element, we reverse and remand for the trial court to reconsider this motion.

Appellant pled guilty to manslaughter with a firearm. During the plea hearing, the state proffered the following facts. The victim came to appellant’s residence on the…