STATE OF FLORIDA, APPELLANT,
v.
JAY RAYMOND FALOCCO, APPELLEE
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The appellate court reviewed downward departure sentences imposed by the trial court. It affirmed sentences for some cases but reversed and remanded for resentencing in another case due to invalid reasons for departure.
The court held that the downward departure sentences were valid for crimes committed before July 1, 1997, based on the defendant's need for treatment. However, for crimes committed after that date, the first reason was invalid, and the second reason (unsophisticated, isolated incident, remorse) was not supported by the record.
“The first reason for departure given by the court, that Falocco required specialized treatment for addiction, mental disorder, or physical disability, and was amenable to treatment, is valid with respect to crimes committed before 1 July 1997.”
Establishes the validity of one departure reason for offenses committed before a specific date.
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Join FLexlaw to unlock all legal intelligenceThe State appealed downward departure sentences given to Jay Raymond Falocco. The trial court cited two reasons for departure: the defendant's need fo…
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THOMPSON, J.
The state appeals the downward departure sentences entered in case numbers 97-256, 97-785, 97-1590, and 97-1751.
We affirm the sentences in case numbers 97-256, 97-785, and 97-1590. The first reason for departure given by the court, that Falocco required specialized treatment for addiction, mental disorder, or physical disability, and was amenable to treatment, is valid with respect to crimes committed before 1 July 1997. Further, the record supports the court’s findings in this regard. See State v. Hill, 698 So. 2d 647 (Fla. 5th DCA 1997); State v. McCloud, 721 So. 2d 1188 (Fla. 5th DCA 1998).
However, Falocco committed the crimes in case number 97-1751 after 1 July 1997, and the legislature has eliminated this departure reason for crimes occurring after that date. State v. Brown, 717 So. 2d 625 (Fla. 5th DCA 1998)(citing § 921.0016(4)(d), Fla. Stat. (1997); Ch. 97-194, § 41, Laws of Fla.). The court’s second reason for departure, that the offense was committed in an unsophisticated manner and was an isolated incident for which Falocco has shown remorse, is not supported by the record. To support a departure based on this reason, all three elements must be shown: that the offense was committed in an unsophisticated manner, that it was an isolated incident, and that the defendant has shown remorse. State v. Spioch, 706 So. 2d 32 (Fla. 5th DCA), rev. denied, 718 So. 2d 171 (Fla.1998). Faloc-co’s record precludes a finding that the crimes in case no. 97-1751 were isolated incidents. Falocco’s current convictions included six crimes committed between March and August 1997. Further, Falocco’s record includes numerous crimes dating to 1984. Because the first reason given by the court is invalid, and because the record does not support the second reason, the sentence in case number 97-1751 is reversed, and Falocco must be resentenced within the guidelines. See Brown.
REVERSED and REMANDED FOR RE-SENTENCING.
GRIFFIN, C.J., and ANTOON, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002)…ncident, and (3) the defendant had shown remorse. State v. Butler, 787 So. 2d 47, 48 (Fla. 2d DCA 2001); see also State v. Gosier, 737 So. 2d 1121, 1123 (Fla. 4th DCA 1999); State v. Bleckinger, 746 So. 2d 553 (Fla. 5th DCA 1999);. State v. Falocco, 730 So. 2d 765 (Fla. 5th DCA 1999); State v. Spioch, 706 So. 2d 32, 36 (Fla. 5th DCA 1998). In the instant case, the trial court found that Staffney committed the crime in an unsophisticated manner: THE COURT: The court finds that the unsophisticated manner is t…
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State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004)…hown remorse. “To support a departure based on this reason, all three elements must be shown: that the offense was committed in an unsophisticated manner, that it was an isolated incident, and that the defendant has shown remorse.” State v. Falocco, 730 So. 2d 765, 765 (Fla. 5th DCA 1999) (citations omitted); see also Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002). The State specifically argues that even if Mann was genuinely remorseful, there was no evidence that he committed the offenses in an unsoph…
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State v. Randall, 746 So. 2d 550 (Fla. 5th DCA 1999)…son for departure because that fact is taken into account by the guidelines. State v. Whiting, 711 So. 2d 1212 (Fla. 2d DCA 1998). The state also argues that remorse alone is insufficient to sustain a downward departure. See, e.g., State v. Falocco, 730 So. 2d 765 (Fla. 5th DCA 1999) (downward departure from guidelines sentence is permissible if the offense was committed in an unsophisticated manner, it was an isolated incident, and the defendant has shown remorse, but all three elements must be shown). Howev…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Spioch, 706 So. 2d 32 (Fla. 5th DCA 1998)
- Huertas v. Centro Cristiano de Alabanza, Inc., 717 So. 2d 625 (Fla. 3d DCA 1998)
- Johns v. State, 721 So. 2d 1188 (Fla. 1st DCA 1998)
- State v. Hill, 698 So. 2d 647 (Fla. 5th DCA 1997)