STATE OF FLORIDA, APPELLANT,
v.
LESEAN WALKER A/K/A TERRENCE HALL, APPELLEE
STATE OF FLORIDA, APPELLANT,
LESEAN WALKER A/K/A TERRENCE HALL, APPELLEE
731 So. 2d 98
Florida District Court of Appeal, Fourth District (1999)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The state appeals a departure sentence imposed by the trial court and argues that the reason given for the downward departure was not valid. After a psychological evaluation was presented, the trial court found that the defendant suffered from a mental disorder unrelated to his drug addiction. This is a valid reason for departure. See § 921.0Ó16(4)(d), Fla. Stat. (1997). We affirm, but remand to the trial court to file its written reasons for departing from the sentencing guidelines. See State v. Cruz, 710 So. 2d 123 (Fla. 4th DCA 1998).
AFFIRMED and REMANDED to the trial court to file its written reason for imposing a downward departure sentence.
GUNTHER, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Cummings, 748 So. 2d 388 (Fla. 5th DCA 2000)…o the addiction.3 The state contends that there is no evidence in the present cases that the offenses committed were related to the addictions. Thus, it maintains that the Her-rin finding is required.4 [*391] The state contends that State v. Walker, 731 So. 2d 98 (Fla. 4th DCA 1999), relied upon by Cummings, Barbato and Griffin below, is inapplicable. In that case, the court upheld the trial court’s- downward departure based upon the defendant’s mental disorder which was unrelated to his drug addiction. It d…
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Condren v. Lowry Bell, Jr., 792 So. 2d 578 (Fla. 4th DCA 2001)…lar defendant.” Parisi, 769 So. 2d at 366 (quoting United States v. United Mine Workers, 330 U.S. 258, 304, 67 S.Ct. 677, 91 L.Ed. 884 (1947); Johnson v. Bednar, 578 So. 2d 822 (Fla.1991); All Marine Props., Inc. v. Thunderboat Factory Outlet, Inc., 731 So. 2d 98 (Fla. 4th DCA 1999)). Accordingly, we reverse the contempt order and remand for proceedings consistent with this opinion. POLEN, C.J., SHAHOOD and TAYLOR, JJ., concur.…
Authorities Cited
- State v. Cruz, 710 So. 2d 123 (Fla. 4th DCA 1998)