State v. Jones

The state appeals the trial court’s decision to impose a downward departure sentence after appellee entered an unconditional nolo contendere plea to child abuse and possession of a controlled substance. We agree with the state that the trial court’s reason for departure was not supported by competent substantial evidence. Accordingly, we reverse and remand for resentencing.

The trial court imposed a downward departure sentence pursuant to section 921.0026(2)(j), Florida Statutes (2012), upon finding the offenses were committed in an unsophisticated manner and were isolated incidents for which…