Daniels v. State

SILBERMAN, Judge.

John Clark Daniels appeals his sentences in six cases1 for crimes committed in 2001 and 2002, following his open, no contest plea and the trial court’s denial of his motion for a downward departure sentence. Because the trial court incorrectly concluded that it did not have the ability to grant a downward departure in sentencing Daniels, we reverse the sentences and remand for resentencing.

Section 921.0016(4)(d), Florida Statutes (2001 & 2002),2 provides that the mitigating circumstances under which a departure sentence is reasonably justified - includes when “[t]he defendant…