STATE OF FLORIDA, APPELLANT,
v.
TIMOTHY FLEMING, APPELLEE
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The State appeals a downward departure sentence granted on the ground that the defendant's drug purchase offense was committed in an unsophisticated manner and was an isolated incident for which he showed remorse. The court affirms, holding that a drug purchase can be committed in an unsophisticated manner and that competent substantial evidence supported the trial court's findings.
The court held that a drug purchase can be committed in an unsophisticated manner and that there was competent substantial evidence supporting the trial court's finding that this offense was unsophisticated, isolated, and committed with remorse.
[1] A downward departure sentence may be based on the offense being committed in an unsophisticated manner, provided there is competent substantial evidence to support the fi…
[2] The term "unsophisticated manner" in the context of sentencing guidelines should be construed liberally in favor of the defendant.
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Join FLexlaw to unlock all legal intelligence“One of the definitions of sophisticated is 'having acquired worldly knowledge or refinement; lacking natural simplicity or na-iveté.'”
Establishes the court's definition of 'unsophisticated' as lacking worldly knowledge and refinement
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Join FLexlaw to unlock all legal intelligenceThe defendant was charged with purchasing cannabis. During the execution of a police search warrant at an apartment, the defendant knocked on the door…
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KLEIN, J.
The state appeals a downward departure sentence based on the ground that the offense was committed in an unsophisticated manner and was an isolated incident for which defendant showed remorse. Section 921.0016(4)(j), Florida Statutes (1997).
Appellee was charged with purchasing cannabis. The issue which concerns us is whether a purchase of drugs can be committed in an “unsophisticated manner.” The word “unsophisticated” is generally defined in the dictionaries we have looked at as being the opposite of sophisticated. One of the definitions of sophisticated is “having acquired worldly knowledge or refinement; lacking natural simplicity or na-iveté.” American Heritage Dictionary of the English Language (1981).
Appellee relies on State v. Merritt, 714 So. 2d 1153 (Fla. 5th DCA 1998), in which a downward departure was given on the same ground as the ground in the present case, where the defendant was sentenced for committing a lewd and lascivious or indecent act on a fifteen year old victim. After acknowledging that the words used in the guidelines, including “unsophisticated,” should be construed liberally in favor of the defendant, the fifth district affirmed the departure, explaining that the defendant’s “acts were artless, simple and not refined.” Id. at 1154 n. 3.
In the present case the evidence showed that, as the police were executing a warranted search of an apartment, the defendant knocked on the door and asked to speak to “Afred.” When he was told that Afred wasn’t there he stated, “I only have fifteen dollars for three sacks,” and was sold the drugs.
Under Banks v. State, 732 So. 2d 1065 (Fla.1999), our standard of review is to determine whether there is competent substantial evidence to support the trial court’s finding that this crime was committed in an unsophisticated manner. Construing “unsophisticated” liberally in favor of the defendant, as we are bound to do under our rule of lenity, section 775.021(1), Florida Statutes, we conclude that there was competent substantial evidence to support the trial court’s finding. The evidence also supports the two other necessary elements of this one ground for departure, that this was an isolated incident for which appellee showed remorse.
Mfirmed.
FARMER and HAZOURI, JJ., concur.
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Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002)…he sound discretion of the court and will be sustained on review absent an abuse of discretion. State v. Baksh, 758 So. 2d 1222, 1224-25 (Fla. 4th DCA 2000) (citations omitted); see also Banks v. State, 732 So. 2d 1065 (Fla.1999); State v. Fleming, 751 So. 2d 620 (Fla. 4th DCA 1999). A departure sentence may be imposed where the trial court finds that the “offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” § 921.0026(2)(j), Fla. Stat.…
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State v. Noe Salgado, 948 So. 2d 12 (Fla. 3d DCA 2006)…rder to avoid his angry mother with whom he lived, broke into a neighbor’s house to find a place to sleep, threw the neighbor’s firearms out of a window, and then was found the next day by the police, asleep in the neighbor’s bed); State v. Fleming, 751 So. 2d 620 (Fla. 4th DCA 1999)(finding competent substantial evidence to support that the crime of purchasing cannabis was committed in an unsophisticated manner where the defendant knocked on the apartment door where the police were conducting a search of an…
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State v. Dreama Adea Bell, 854 So. 2d 686 (Fla. 5th DCA 2003)…n’t think if she was reinstated that she would make it, I think in a week we’d be back in the same situation again.” The state also argues that Bell’s act of driving a car was not unsophisticated as that word was defined in State v. [*692] Fleming, 751 So. 2d 620 (Fla. 4th DCA 1999). In that case, the court noted that “unsophisticated” is regarded as the opposite of sophisticated, which it defined as “having acquired worldly knowledge or refinement; lacking natural simplicity or naivete,” quoting from the Am…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Donald B. Banks v. State, 732 So. 2d 1065 (Fla. 1999)
- State v. Merritt, 714 So. 2d 1153 (Fla. 5th DCA 1998)