Legal Opinion

State v. BELLUSCIO

District Court of Appeal of Florida

Decided June 29, 2011No. 4D10-1108PublishedCited by 2 opinions

1Per curiam

We find no error in the trial court’s imposition of a downward departure sentence, because the defendant met his burden of proving the requirements for a downward departure sentence, pursuant to section 921.0026(2)(d), Florida Statutes (2009), and presented unrebutted testimony that the defendant required specialized treatment for mental health disorders unrelated to substance abuse, which was not available at the Department of Corrections.

Affirmed.

STEVENSON, TAYLOR and GERBER, JJ., concur.

2Cases cited1 opinion

  1. Brown v. StateDistrict Court of Appeal of Florida · 2011

3Cited by2 opinions

  1. State of Florida v. Harry James ChubbuckSupreme Court of Florida · 2014
  2. State of Florida v. Harry James ChubbuckSupreme Court of Florida · 2014