STATE OF FLORIDA, APPELLANT,
v.
JESSIE ABRAMS, II, APPELLEE; JESSIE ABRAMS, II, APPELLANT, V. STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed denial of Abrams' motion to suppress evidence but reversed his downward departure sentence for cocaine possession, holding that HIV-positive status alone does not justify departure from sentencing guidelines without evidence of specialized treatment needs.
A defendant's HIV-positive status alone does not constitute valid grounds for downward departure from sentencing guidelines absent evidence that the defendant requires specialized treatment for HIV that cannot be provided by the Department of Corrections.
[1] A defendant's HIV-positive status alone does not justify downward departure from sentencing guidelines without evidence of specialized treatment needs that cannot be prov…
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Join FLexlaw to unlock all legal intelligenceJessie Abrams, II was sentenced for possession of cocaine with a downward departure from the sentencing guidelines. The trial court cited his HIV-posi…
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THREADGILL, Acting Chief Judge.
In consolidated appeals, Jessie Abrams, II, challenges the denial of his motion to suppress evidence. The State appeals the trial court’s downward departure from the sentencing guidelines. We affirm the denial of the motion to suppress without discussion in appeal number 97-00717. We reverse the sentence in appeal number 97-00716.
The sentence imposed against Mr. Abrams for possession of cocaine represents a downward departure from the sentencing guidelines. As reasons for departure, the trial court indicated that Mr. Abrams was HIV positive, and that he had other charges pending in the career criminal division. Mr. Abrams concedes that the reason involving other charges is invalid to support a departure. With regard to the other reason, we have found no authority to indicate that a defendant’s HIV-positive status alone constitutes a valid reason for departure from the guidelines. A defendant’s need for specialized treatment for physical disability and amenability to treatment is a valid reason for departure. See Fla. R.Crim. P. 3.990. There is no evidence in the record, however, that Mr. Abrams requires specialized treatment for HIV that cannot be provided through the Department of Corrections. We therefore reverse Mr. Abrams’ sentence and remand for resentencing within the guidelines. Because the sentence was imposed pursuant to a plea agreement with the trial court, on remand Mr. Abrams should be given the opportunity to withdraw his plea. See State v. Honiker, 675 So. 2d 681 (Fla. 2d DCA 1996).
Affirmed in part; reversed in part and remanded.
FULMER and GREEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004)…Fla. 2d DCA 2002); State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002); State v. White, 755 So. 2d 830 (Fla. 5th DCA 2000); State v. Thompson, 754 So. 2d 126 (Fla. 5th DCA 2000); State v. Stewart, 749 So. 2d 555 (Fla. 2d DCA 2000); State v. Abrams, 706 So. 2d 903 (Fla. 2d DCA 1998). Assuming that Mann does suffer from a mental disorder, there has been no showing that he requires specialized treatment that is not available in the Department of Corrections. We now turn our attention to the second statutory mi…
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State v. Chubbuck, 141 So. 3d 1163 (Fla. 2014)…2005), State v. Green (Green I), 890 So. 2d 1283 (Fla. 2d DCA 2005), State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004), State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002), State v. Thompson, 754 So. 2d 126 (Fla. 5th DCA 2000), and State v. Abrams, 706 So. 2d 903 (Fla. 2d DCA 1998). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. This case pertains to subsection 921.0026(2)(d), Florida Statutes (2009), which authorizes a trial court to give a downward departure sentence if it finds that “[t]he defe…
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State v. Chubbuck, 83 So. 3d 918 (Fla. 4th DCA 2012)…State v. Green, 890 So. 2d 1283, 1286 (Fla. 2d DCA 2005); State v. Mann, 866 So. 2d 179, 182 (Fla. 5th DCA 2004); State v. Tyrrell, 807 So. 2d 122, 128 (Fla. 5th DCA 2002); State v. Thompson, 754 So. 2d 126, 127 (Fla. 5th DCA 2000); State v. Abrams, 706 So. 2d 903, 904 (Fla. 2d DCA 1998). This requirement appears to have had its origins in Abrams, the first time we find it mentioned in case law. Abrams involved a downward departure sentence from a guidelines sentence, because the crime for which he was being…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cleveland Campbell and Eleanor Campbell v. Escambia Cnty., 675 So. 2d 681 (Fla. 1st DCA 1996)