THE STATE OF FLORIDA, APPELLANT,
v.
DANIEL VILLALOVO A/K/A DANIEL LASO, APPELLEE
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The court held that the trial court's reasons for a downward departure from sentencing guidelines were appropriate and that there was no abuse of discretion in the extent of the deviation.
The defendant was convicted of possession of one-half gram of cocaine, with a recommended sentence of 22-27 years under the guidelines. The trial judg…
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SCHWARTZ, Chief Judge.
This is a state appeal from a downward departure from the sentencing guidelines. Because of the defendant’s prior record, the recommended sentence for his possession of one-half gram of cocaine was 22-27 years, subject to the five year statutory maximum. §§ 893.13(l)(e), 775.082, Fla. Stat. (1983). The trial judge placed Villalo-vo on five years probation subject to a condition of eighteen months community control. We think it clear that the reasons indicated by the trial court, including the small amount of contraband involved, Irwin v. State, 479 So. 2d 153 (Fla.2d DCA 1985), and the fact that the defendant was “mildly retarded” and suffered from “central nervous disfunction,”1 Steiner v. State, 469 So. 2d 179 (Fla.3d DCA 1985); State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986), are appropriate bases for departure.2 Since we find no abuse of discretion in the extent of the deviation, Albrit ton v. State, 476 So. 2d 158 (Fla.1985), the sentence under review is
Affirmed.
. These conclusions, which were the result of psychological testing of the defendant, are quite obviously to be distinguished from the trial judge’s seat-of-the-pants characterization of the defendant in State v. Davis, 464 So. 2d 195 (Fla.3d DCA 1985) as "too stupid” to warrant a year in prison.
. Indeed, the prosecution inferentially conceded that a departure was justified by recommending a five-year sentence when it incorrectly believed that the offense was a second degree felony with a fifteen year maximum penalty.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Atwaters v. State, 495 So. 2d 1219 (Fla. 1st DCA 1986)…ity of drugs — may constitute an appropriate reason for departure. Mitchell v. State, 458 So. 2d 10 (Fla. 1st DCA 1984); Benitez v. State, 470 So. 2d 734 (Fla. 2d DCA 1985); Mullen v. State, 483 So. 2d 754 (Fla. 5th DCA 1986). In State v. Villalovo, 481 So. 2d 1303 (Fla. 3d DCA 1986), the court allowed a downward departure from the recommended guidelines sentence based upon the small amount of contraband involved. We reject appellant’s argument that, pursuant to Hendrix v. State, 475 So. 2d 1218 (Fla.1985), q…
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State v. Baker, 498 So. 2d 1031 (Fla. 1st DCA 1986)…already been contemplated by the guidelines themselves. Caride at 1363. Although a review of the case law reveals that an increasing number of reasons for downward departure are being upheld, i.e., (defendant’s mild retardation) State v. Villalovo, 481 So. 2d 1303 (Fla. 3d DCA 1986); (the small amount of contraband involved) Irwin v. State, 479 So. 2d 153 (Fla. 2d DCA 1985), rev. denied 488 So. 2d 830 (Fla.1986); (defendant’s youth) State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986), we agree with the state…
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State v. Thomas, 516 So. 2d 1058 (Fla. 3d DCA 1987)…ound 4); State v. Wright, 473 So. 2d 268, 269 (Fla. 1st DCA 1985), review denied, 484 So. 2d 10 (Fla. 1986) (ground 5).1 While the amount of cocaine would serve as a conceivable basis for the downward departure as to that charge, State v. Villalovo, 481 So. 2d 1303 (Fla. 3d DCA 1986), this has no effect on the recommended sentence on the grand theft count, which was imposed concurrently, Fla.R.Crim.P. 3.701(d) (highest guidelines computation as to multiple charges is applicable), and thus upon the case as a wh…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Steiner v. State, 469 So. 2d 179 (Fla. 3d DCA 1985)
- Irwin v. State, 479 So. 2d 153 (Fla. 2d DCA 1985)
- State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986)
- State v. Davis, 464 So. 2d 195 (Fla. 3d DCA 1985)