STATE OF FLORIDA, APPELLANT,
v.
JEFFREY HILLHOUSE, APPELLEE
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A downward departure sentence requires the trial court to provide appropriate reasons, and a finding of amenability to treatment must be supported by competent substantial evidence.
The trial court found the defendant qualified as a violent career criminal but sentenced him within the guidelines, then granted a downward departure …
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WHATLEY, Acting Chief Judge.
The State appeals the downward departure sentence imposed on Jeffrey Hillhouse. We reverse and remand for further proceedings.
The trial court found that Hillhouse qualified as a violent career criminal. However, the court sentenced Hillhouse pursuant to the guidelines and then found that a downward departure sentence was appropriate. Because the trial court sentenced Hillhouse to a downward departure sentence, it was required to give appropriate reasons for the departure. See Geohagen v. State, 639 So. 2d 611 (Fla.1994) (finding that trial court could sentence habitual offender to guidelines downward departure sentence after providing sufficient written reasons).
The trial court found that a downward departure sentence was appropriate because Hillhouse required specialized treat ment and he was amenable to treatment. A finding that the' defendant is amenable to treatment must be based on competent substantial evidence. Herrin v. State, 568 So. 2d 920 (Fla.1990); State v. Benjamin, 685 So. 2d 1335 (Fla. 2d DCA 1996); State v. Cohen, 667 So. 2d 438 (Fla. 2d DCA 1996). There must be evidence that there is a reasonable possibility that such treatment will be successful. Herrin, 568 So. 2d at 922. Here, there was no evidence that Hillhouse-was amenable to treatment. Therefore, we reverse Hill-house’s sentence and remand for resentencing. Because Hillhouse’s sentence was not the result of a plea agreement, Hillhouse should not be given the opportunity to withdraw his plea on remand.
Reversed and remanded.
NORTHCUTT and GREEN, JJ., concur.
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State v. Wheeler, 891 So. 2d 614 (Fla. 2d DCA 2005)…reatment for a mental disorder is met by a “showing] that there is a reasonable possibility that the ... treatment of [the] mental disorder will be successful.” State v. Cummings, 748 So. 2d 388, 392 (Fla. 5th DCA 2000); see also State v. Hillhouse, 708 So. 2d 326 (Fla. 2d DCA 1998). Here the record is devoid of evidence concerning what treatment Wheeler requires. The record thus contains no showing either that Wheeler requires any treatment that cannot be provided by the Department of Corrections or that th…
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State v. Hunter, 65 So. 3d 1123 (Fla. 4th DCA 2011)…dant is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2008). The requirement that the defendant be amenable to treatment is met by a showing that there is a “reasonable possibility” that such treatment will be successful. State v. Hillhouse, 708 So. 2d 326, 327 (Fla. 2d DCA 1998). Although in this case the issue is factually close, the trial court had competent evidence to support its conclusion of amenability to treatment when considering the totality of the defendant’s and the expert’s testimony. T…
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Green v. State, 257 So. 3d 474 (Fla. 4th DCA 2018)…ment. But the record clearly belies this notion. For a trial court to find that a defendant is amenable to treatment, “[t]here must be evidence that there is a reasonable possibility that such treatment will be successful.” State v. Hillhouse, 708 So. 2d 326, 327 (Fla. 2d DCA 1998); see also State v. Skidmore, 755 So. 2d 647, 648 (Fla. 4th DCA 1999) (“In order to impose a departure sentence [based on necessity of and amenability to treatment for a mental disorder], there must be competent substantia…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- Geohagen v. State, 639 So. 2d 611 (Fla. 1994)
- State v. Cohen, 667 So. 2d 438 (Fla. 2d DCA 1996)
- State v. Benjamin, 685 So. 2d 1335 (Fla. 2d DCA 1996)