Legal Opinion

State v. Ryckman

District Court of Appeal of Florida

Decided April 13, 2012No. 2D10-5755PublishedCited by 1 opinion

1Opinion of the Court

WHATLEY, Judge.

The State appeals the downward departure sentences imposed on Harry Ryck-man upon the revocation of his probation and for a new offense. We agree that the reasons given by the trial court for departure are not supported by competent, substantial evidence, and we reverse Ryck-man’s sentences.

In January 2003, Ryckman entered guilty pleas to three offenses charged in two cases. Over the State’s objection, the trial court withheld adjudication and placed him on probation in both cases based on the need for restitution and his cooperation in another case.

Subsequently, Ryckman…

2Cases cited5 opinions

  1. Franquiz v. StateSupreme Court of Florida · 1996
  2. State v. AdkisonDistrict Court of Appeal of Florida · 2011
  3. State v. NickersonDistrict Court of Appeal of Florida · 1989
  4. State v. BrackettDistrict Court of Appeal of Florida · 1989
  5. State v. HarveyDistrict Court of Appeal of Florida · 2005

3Cited by1 opinion

  1. State v. RobinsonDistrict Court of Appeal of Florida · 2014

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