HERSCHELL NEWTON BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Knox, 990 So. 2d 665 (Fla. 5th DCA 2008)
  …ncing hearing agreed that Knox’s “mental” problem was the result of his substance abuse. The Legislature has expressly determined that a defendant’s impairment due to substance abuse or addiction is not a valid reason for departure. State v. Gilson, 800 So. 2d 727, 730 (Fla. 5th DCA 2001). The second reason given by the trial court to support its downward departure sentence was that Knox “cooperated” with the State by contacting law enforcement and confessing to his criminal act. See § 921.0016(4)©, Fla. Sta…
• State v. Noe Salgado, 948 So. 2d 12 (Fla. 3d DCA 2006)
  …to appreciate the consequences of the offense.” A defendant’s youthful age alone, however, will not justify a departure sentence. There must also be evidence that the defendant is emotionally immature or lacks ordinary intelligence. State v. Gilson, 800 So. 2d 727, 730 (Fla. 5th DCA 2001); State v. Liceo, 707 So. 2d 1155, 1157 (Fla. 2d DCA 1998); State v. Ashley, 549 So. 2d 226, 226 (Fla. 3d DCA 1989). The defendant asserts that the psychological evaluation submitted to the sentencing court provides competen…

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• State v. Brannum, 876 So. 2d 724 (Fla. 5th DCA 2004)
  …v. Tyrrell, 807 So. 2d 122, 125 n. 6 (Fla. 5th DCA 2002) ("Because the prison sentences were suspended, the sentences fall below the lowest permissible sentence and are treated as downward departure sentences.”) (citation omitted); State v. Gilson, 800 So. 2d 727 (Fla. 5th DCA 2001) (holding that when the scoresheet permissible range was 50.7 months to 49 years' incarceration and the defendant was sentenced to 50.7 months in prison suspended on condition of successful completion of two years on community con…

Authorities Cited

• McFADDEN v. State, 773 So. 2d 1237 (Fla. 4th DCA 2000)
• Terry v. State, 778 So. 2d 435 (Fla. 5th DCA 2001)