STATE OF FLORIDA, APPELLANT,
v.
DONALD LEE KNOX, APPELLEE
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The Florida appellate court reversed a downward departure sentence for sexual activity with a minor, holding that the trial court's reasons for departure (unsophisticated offense and remorse) were not supported by the evidence. The court remanded for resentencing within sentencing guidelines.
The downward departure sentence is not supported by the evidence. The record does not support findings that the offense was committed in an unsophisticated manner or that Knox demonstrated remorse, as he consistently denied committing the crime both at trial and after conviction.
[1] A downward departure sentence is prohibited unless the defendant establishes that the crime was an isolated incident, committed in an unsophisticated manner, and that rem…
[2] A crime cannot be considered an isolated incident for downward departure purposes if the defendant has prior felony convictions.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The reason given by the trial court for departure was that 'the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.' The facts do not support this reason.”
Establishes the trial court's reasoning for downward departure and the court's holding that this reasoning lacks evidentiary support
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKnox, a 38-year-old life skills technician, engaged in consensual sexual activity with a 16-year-old girl in her dorm room while on night watch at a c…
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STRINGER, Judge.
The State has appealed a downward departure sentence imposed on Donald Knox for engaging in sexual activity with a minor. The State argues that the departure sentence is not supported by a preponderance of the evidence. We agree and reverse.
In early 1998, Knox was a thirty-eight-year-old life skills technician who was responsible for the supervision of adolescent teenage girls in a custodial program for troubled teens. While on night watch, Knox entered a sixteen-year-old girl’s dorm room and engaged in consensual sexual activity with her. At trial, Knox denied committing the alleged acts. Knox was convicted and adjudicated guilty of a violation of section 794.011(8)(b), Florida Statutes (1997).
The trial court sentenced Knox to two years in prison to be followed by four years of probation. Because Knox’s guidelines sentencing range was nine to fifteen years in prison, the sentence imposed constituted a downward departure. The reason given by the trial court for departure was that “the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” The facts do not support this reason.
Although the inference to be drawn from Knox’s lack of a prior criminal record is that this was an isolated incident, Knox was thirty-eight years old at the time this incident occurred, and we find nothing in the record that would indicate Knox committed this crime in an unsophisticated manner. See State v. Bernard, 744 So. 2d 1134 (Fla. 2d DCA 1999). The evidence also does not support the trial court’s finding that Knox showed remorse for his actions. Knox steadfastly denied committing this crime during his trial testimony and after his conviction. The only evidence that would support Knox’s showing of remorse is a letter he wrote to the trial court prior to sentencing, and his brief apology at sentencing “for any wrong do ing I may have committed.” Knox did not otherwise express any regret for his actual conduct, nor did he acknowledge that he committed the crime.
The reason given by the trial court for imposing the downward departure sentence is not supported by the record. We therefore reverse Knox’s sentence and remand for resentencing within the guidelines.
Reversed and remand for resentencing.
PARKER, A.C.J., and WHATLEY, J., Concur.
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Cited By
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Knox v. State, 814 So. 2d 1185 (Fla. 2d DCA 2002)…the defendant has shown remorse.” The State appealed the departure sentence. This court reversed the sentence, finding that the departure sentence was not supported by the evidence and remanded for resentencing within the guidelines. State v. Knox, 753 So. 2d 681 (Fla. 2d DCA 2000). On resentencing, citing the Fifth District’s decision in State v. Rife, 733 So. 2d 541 (Fla. 5th DCA 1999), defense counsel again asked the trial court to depart downward from the guidelines based on the [*1187] victim’s consent…
Authorities Cited
- State v. Bernard, 744 So. 2d 1134 (Fla. 2d DCA 1999)