STÁTE OF FLORIDA, APPELLANT,
v.
RONALD PORCHE, APPELLEE
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GREEN, Judge.
The State appeals the trial court’s downward departure sentence which imposed only time served upon the defendant, Ronald Porche. We reverse and remand for a sentence consistent with the sentencing guidelines.
Porche, who suffers from numerous physical ailments, sought a downward departure sentence based on section 921.0016(4)(d), Florida Statutes (2001), which authorizes such a sentence when a defendant is in need of specialized medical treatment. In State v. Abrams, 706 So. 2d 903 (Fla. 2d DCA 1998), this court reversed a trial court’s downward departure sentence where there was no evidence in the record that the defendant required specialized treatment which could not be provided by the Department of Corrections. See also State v. Stewart, 749 So. 2d 555 (Fla. 2d DCA 2000). In this case, Porche presented an abundance of evidence supporting his assertion that he suffers from numerous serious medical conditions. However, there was no evidence that he will not receive the necessary treatment while in the custody of the Department of Corrections.
Reversed and remanded.
FULMER and COVINGTON, JJ., Concur.
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State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004)…treatment. This court and others have held that in order to establish the need for specialized treatment, it must be established that the mental disorder requires treatment that is not available in the Department of Corrections. See State v. Porche, 826 So. 2d 1062 (Fla. 2d DCA 2002); State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002); State v. White, 755 So. 2d 830 (Fla. 5th DCA 2000); State v. Thompson, 754 So. 2d 126 (Fla. 5th DCA 2000); State v. Stewart, 749 So. 2d 555 (Fla. 2d DCA 2000); State v. Abrams…
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State v. Green, 971 So. 2d 146 (Fla. 4th DCA 2007)…ing State v. Mann, 866 So. 2d 179, 182 (Fla. 5th DCA 2004)); State v. Green, 890 So. 2d 1283, 1286-87 (Fla. 2d DCA 2005) (DOC’s ability to treat defendant is not appropriate subject for judicial notice, downward departure reversed); State v. Porche, 826 So. 2d 1062, 1063 (Fla. 2d DCA 2002) (no evidence defendant will not receive necessary treatment while in DOC custody, downward departure reversed); State v. Tyrrell, 807 So. 2d 122, 127-28 (Fla. 5th DCA 2002) (no evidence that defendant required specialized tr…
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State v. Ford, 48 So. 3d 948 (Fla. 3d DCA 2010)…... [and] contains no showing either that Wheeler requires any treatment that cannot be provided by the Department of Corrections or that there is a reasonable possibility that treatment of his mental disorder would be successful”); State v. Porche, 826 So. 2d 1062, 1063 (Fla. 2d DCA 2002) (reversing a downward departure sentence where the defendant "presented an abundance of evidence supporting his assertion that he suffers from numerous serious medical conditions,” but "there was no evidence that he will not…
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- State v. Abrams, 706 So. 2d 903 (Fla. 2d DCA 1998)
- State v. Stewart, 749 So. 2d 555 (Fla. 2d DCA 2000)