Legal Opinion

State v. Wheeler

District Court of Appeal of Florida

Decided December 4, 2015No. 5D15-804PublishedCited by 4 opinions

1Opinion of the CourtOrfinger, J.

The State appeals the trial court’s downward departure sentence imposed on *1119Adam G. Wheeler. Because the reasons for the court’s departure are not supported by competent, substantial evidence, we reverse.

Wheeler was charged with burglary of a dwelling, dealing in stolen property, giving false verification of ownership when conducting a transaction with a pawnbroker, and grand theft. These charges violated Wheeler’s probation in three prior felony cases. 'Under the Criminal Punishment Code, Wheeler’s lowest permissible s sentence was 89.925 months in prison. Over the State’s objection, the…

2Cases cited5 opinions

  1. Banks v. StateSupreme Court of Florida · 1999
  2. De La Beckwith v. StateMississippi Supreme Court · 1997
  3. Demoss v. StateDistrict Court of Appeal of Florida · 2003
  4. State v. QuintanalDistrict Court of Appeal of Florida · 2001
  5. State v. NaylorDistrict Court of Appeal of Florida · 2008

3Cited by4 opinions

  1. STATE OF FLORIDA v. JACOB LACKEYDistrict Court of Appeal of Florida · 2018
  2. STATE OF FLORIDA v. SHERRY CROSSLEY-ROBINSONDistrict Court of Appeal of Florida · 2019
  3. Joseph D. Henderson v. State of FloridaDistrict Court of Appeal of Florida · 2024
  4. State v. Baron C. RogersDistrict Court of Appeal of Florida · 2018

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