WILLIE LEE WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1988-05-25
No. 87-2334
ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.
524 So. 2d 1172 Florida District Court of Appeal, Fourth District (1988) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm but strike the costs assessed against the indigent appellant.

ANSTEAD, GLICKSTEIN and GUNTHER, JJ., concur.


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  • Herrin v. State, 568 So. 2d 920 (Fla. 1990)
    …43 So. 2d 405 (Fla. 4th DCA 1989); State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989); State v. Salony, 528 So. 2d 404 (Fla. 3d DCA), review denied, 531 So. 2d 1355 (Fla.1988); State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988); State v. Francis, 524 So. 2d 1172, 1173 (Fla. 4th DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988). At the outset, we are unwilling to say that substance abuse can only be a valid reason for a downward departure in those cases in which a defendant’s mind was impaired b…
  • State v. Joseph, 543 So. 2d 405 (Fla. 4th DCA 1989)
    …State, 505 So. 2d 413 (Fla.1987); State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988). However, the record must support the conclusion that the appellee has a drug addiction before that may be considered a valid reason for departure. State v. Francis, 524 So. 2d 1172 (Fla. 4th DCA 1988). In State v. Salony, 528 So. 2d 404 (Fla. 3d DCA 1988), the court found that the record supported the conclusion that the defendant had a drug addiction based on past crimes for which he was convicted and the crime for which he w…
  • State v. Bryant, 546 So. 2d 1112 (Fla. 2d DCA 1989)
    …nd that point. At most there is evidence that Bryant and a fellow prisoner may have been in possession of a marijuana cigarette. This does not equate to substance abuse severe enough to war-' rant mitigation of sentence. See, e.g., State v. Francis, 524 So. 2d 1172 (Fla. 4th DCA 1988). Finally, the record does not support a finding that another individual participated in the offense. Another inmate was “in some way involved” only to the extent the battery occurred during a correctional officer’s attempt to inv…

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