Colletta v. State

Alexander Colletta appeals a final judgment and sentence of 117.45 months in the Department of Corrections (DOC) imposed after he pled guilty to thirty counts of possession of child pornography. The basis of Colletta’s appeal is that the trial court desired to impose a downward departure sentence based upon a mental health disorder but because of this court’s prior decision in State v. Gatto, 979 So.2d 1232 (Fla. 4th DCA 2008), it had no discretion to impose a downward departure sentence. We reverse.

At sentencing, the defense produced extensive evidence of Colletta’s long-standing mental…