ROGER D. REAM, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Kirby v. State, 863 So. 2d 238 (Fla. 2003)
  …itution is a valid reason for a downward departure sentence only if competent, substantial evidence shows the victim’s need outweighs the need for incarceration. See § 921.0026(2)(e), Fla. Stat. (2001); Banks, 732 So. 2d at 1068-69; Demoss v. State, 843 So. 2d 309, 312 (Fla. 1st DCA 2003), review denied, No. SC03-995, 858 So. 2d 330 (Fla. Sept. 18, 2003).…
• State v. Walters, 12 So. 3d 298 (Fla. 3d DCA 2009)
  …ence of the victim’s need, as opposed to a mere preference, State v. Quintanal, 791 So. 2d 23, 24 (Fla. 3d DCA 2001), and the trial court must consider the defendant’s ability to pay, as well as the impact of the plan on the victim. Demoss v. State, 843 So. 2d 309, 312 (Fla. 1st DCA 2003). Because no competent substantial evidence supports the trial court’s finding that Fidelity had a pressing need for restitution, no evidence indicates whether the defendant has the ability to make continued payments pursuant…

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• State v. Adkison, 56 So. 3d 880 (Fla. 1st DCA 2011)
  …7)). To impose a valid downward departure sentence, a trial court must determine (1) whether there is a factually supported, legal ground for departure; and (2) whether departure is the best sentencing option for the defendant. See Demoss v. State, 843 So. 2d 309, 311-12 (Fla. 1st DCA 2003). When reviewing the validity of a downward departure sentence, this Court must determine whether the grounds for departure were supported by competent substantial evidence; and, whether the trial court abused its discreti…

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Authorities Cited

• Wilcox v. State, 783 So. 2d 1150 (Fla. 1st DCA 2001)