STATE OF FLORIDA, APPELLANT,
v.
SHANNON COLEMAN, APPELLEE
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Florida appeals a downward departure sentence imposed on Shannon Coleman. The trial court departed from guidelines requiring 21 years to life, citing three reasons. The court affirms the departure because competent substantial evidence supported the first reason—that Coleman required and was amenable to specialized psychiatric treatment for pedophilia—despite rejecting the other two reasons.
The court holds that competent substantial evidence supported a downward departure based on the first reason—Coleman's need for and amenability to specialized psychiatric treatment for pedophilia. Although the other two reasons (cooperation and restitution) were not supported by the record, the departure is affirmed because a downward departure sentence will be upheld if even one cited factor supports departure.
[1] A downward departure sentence is affirmed on appeal if at least one cited reason for departure is valid and supported by competent substantial evidence.
[2] A trial court may depart downward from sentencing guidelines when the defendant requires specialized medical and psychiatric treatment for a mental disorder and is amenab…
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Establishes the two-part test for evaluating downward departure sentences and the standards of review for each part.
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Join FLexlaw to unlock all legal intelligenceShannon Coleman received a sentencing guidelines range of approximately 21 years to life imprisonment. Upon his open plea, the trial court imposed a d…
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PER CURIAM.
The state appeals from Shannon Coleman’s downward departure sentence, contending the three reasons cited for departure were not supported by the evidence. Coleman’s sentencing guidelines required a sentence range from approximately twenty-one years to life imprisonment. Upon open plea, however, the trial court downward departed for three reasons: (1) Coleman required specialized medical and psychiatric treatment for a mental disorder, pedophilia, and is amenable to that treatment, (2) he cooperated with the police and the state to resolve this case from its inception, and (3) the need to make restitution to the victims outweighed the need for incarceration. We hold that there was competent substantial evidence to support a downward departure for the first reason and, thus, affirm.
As the Florida Supreme Court has recently explained, the imposition of a downward departure sentence is a two-part process.
First, the trial court “must determine whether it can depart, i.e., whether there is a valid legal ground and adequate factual support for that ground.” Banks v. State, 732 So. 2d 1065, 1067 (Fla.1999)(emphasis in original). This decision will be affirmed on .appeal if the reason cited is a valid one and if there is competent substantial evidence to support that reason. Id.
Second, the trial court “must determine whether it should depart, i.e., whether departure is indeed the best sentencing option for the defendant.” Id. at 1068 (emphasis in original).
With respect to this step, the trial court is afforded considerable discretion and the trial judge’s call will not be overturned unless no reasonable person would agree with the trial court’s decision. Id.
The trial court’s first reason for departure was that Coleman required specialized medical and psychiatric treatment for a mental disorder and is amenable to that treatment. See § 921.0016(4)(d), Fla. Stat. (1997).
To justify a downward departure from sentencing guidelines based on this reason, a court must receive competent substantial evidence the defendant exhibits the potential to be rehabilitated. State v. Skidmore, 755 So. 2d 647, 648 (Fla. 4th DCA 1999).
Here, Coleman’s treating psychiatrist, who runs a sexual offender clinic and has treated many pedophiles, testified that Coleman was amenable to treatment with several safeguards and was a good risk on the treatment program. The psychiatrist further testified that by following this treatment regimen, along with chemical castration of the patient, the rate of recidivism was, in his opinion, only 2.9%. In view of his testimony, even though it conflicted with expert testimony offered by the state, we hold there .was competent substantial evidence to support a departure under section 921.0016(4)(d).
Moreover, although another judge might not have made the same decision as the trial court, we cannot say that no reasonable person would agree with its decision.
We do note, however, that the other two reasons given by the court did not justify a departure. See §§ 921.0016(4)(i),(e), Fla. Stat.
The record shows that Coleman did not cooperate with the police until after he was arrested and only after being confronted with incriminating evidence. See State v. Bleckinger, 746 So. 2d 553, 555 (Fla. 5th DCA 1999). Further, there was no record testimony as to the total costs of future counseling for both victims and, although not dispositive, the victims did not request restitution or express any particular need for restitution. See State v. Schillaci, 767 So. 2d 598, 600 (Fla. 4th DCA 2000).
Nevertheless, because a downward departure sentence will be upheld if one cited factor supports a departure, regardless of whether any other remaining factors justify a departure, we affirm. See State v. Chandler, 668 So. 2d 1087, 1088 (Fla. 1st DCA 1996).
AFFIRMED.
POLEN, KLEIN, and SHAHOOD, JJ„ concur.
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State v. Joseph, 922 So. 2d 393 (Fla. 3d DCA 2006)…ld depart, based on the totality of the circumstances, was reasonable and not an abuse of discretion. See Banks, 732 So. 2d at 1068 (discretion is abused only where no reasonable person would agree with the trial court’s decision); State v. Coleman, 780 So. 2d 1004 (Fla. 4th DCA 2001); Schillaci, 767 So. 2d at 600. Accordingly, because there was competent, substantial evidence to support the trial court’s downward departure, and because the trial court did not abuse its discretion, we affirm. Affirmed.…
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State v. Crossley-Robinson, 275 So. 3d 662 (Fla. 4th DCA 2019)
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State v. Johnson, 815 So. 2d 756 (Fla. 5th DCA 2002)…PER CURIAM., AFFIRMED. See § 921.002(3), Fla.Stat. (2000); Banks v. State, 732 So. 2d 1065 (Fla.1999); State v. Coleman, 780 So. 2d 1004 (Fla. 4th DCA 2001). HARRIS, SAWAYA and ORFINGER, R.B., JJ., concur.…
Authorities Cited
- Donald B. Banks v. State, 732 So. 2d 1065 (Fla. 1999)
- State v. Schillaci, 767 So. 2d 598 (Fla. 4th DCA 2000)
- State v. Bleckinger, 746 So. 2d 553 (Fla. 5th DCA 1999)
- State v. Lintalliferro Chandler, 668 So. 2d 1087 (Fla. 1st DCA 1996)
- State v. Skidmore, 755 So. 2d 647 (Fla. 4th DCA 1999)