STATE OF FLORIDA, APPELLANT,
v.
MARK COOPER, APPELLEE
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Florida reversed a downward departure sentence because the trial court failed to establish all three required elements—unsophisticated manner, isolated incident, and remorse—to justify departure under the sentencing guidelines.
A downward departure based on unsophisticated manner, isolated incident, and remorse requires the trial judge to articulate and support all three elements with record evidence.
[1] To justify a downward departure sentence based on unsophisticated manner, isolated incident, and remorse, the trial court must articulate all three elements and support e…
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Join FLexlaw to unlock all legal intelligence“the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse”
Statutory definition of mitigating factor justifying downward departure under § 921.0026(2)(j), Fla. Stat. (2003)
Mark Cooper received a downward departure sentence from the trial court, which cited unsophisticated manner, isolated incident, and remorse as justifi…
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SHAHOOD, J.
We reverse appellant’s downward departure sentence, and remand for resentencing within the guidelines.
A mitigating factor which justifies a downward departure from the sentencing guidelines is, “the offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” § 921.0026(2)(j), Fla. Stat. (2003). To justify departure on this basis, all three elements must be articulated by the trial judge and supported by the record. See State v. Thompson, 844 So. 2d 814, 815 (Fla. 5th DCA 2003).
In this case, the trial court articulated these factors as the basis for the departure sentence; however, the record does not support the findings. Although there was some evidence that appellant had shown remorse, there was no evidence to show the manner in which the crime was committed. Moreover, the evidence clearly disputed the finding that this was an isolated event. See generally State v. Deleon, 867 So. 2d 636, 637-38 (Fla. 5th DCA 2004) (holding that “where defendant’s score-sheet reflected previous felonies and misdemeanors, his conduct could not have been characterized as isolated.”). Thus, the trial court should have imposed a guidelines sentence.
REVERSED AND REMANDED.
KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Ayers, 901 So. 2d 942 (Fla. 2d DCA 2005)…nse must have been “an isolated incident,” and (c) the defendant must have “shown remorse” for the offense. “To justify departure on this basis, all three elements must be articulated by the trial judge and supported by the record.” State v. Cooper, 889 So. 2d 119, 119 (Fla. 4th DCA 2004). The evidence in the record before us does not support the existence of any of the elements, much less all three elements. The trial court did not even suggest that Ayers had “shown remorse” for his offense. And Ayers himse…
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State v. Strawser, 921 So. 2d 705 (Fla. 4th DCA 2006)…these is (j), “The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.” When the trial court relies solely on this miti-gator, all three elements must be shown. State v. Cooper, 889 So. 2d 119, 119 (Fla. 4th DCA 2004). The trial judge, in accordance with the requirements of a downward departure utilizing section 921.0026(2)(j), found that Strawser, who had previously admitted to all offenses as charged, was remorseful and that the conduct…
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State v. Fontaine, 955 So. 2d 1248 (Fla. 4th DCA 2007)…rmissible where “[t]he offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.”). All three elements must be met before the trial court may depart under this factor. State v. Cooper, 889 So. 2d 119, 119 (Fla. 4th DCA 2004); Staffney v. State, 826 So. 2d 509, 511-12 (Fla. 4th DCA 2002). Fontaine abandoned that argument because of case law which suggested to him that a finding that a crime was an isolated incident could not stand where a defend…1 / 2
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Thompson, 844 So. 2d 814 (Fla. 5th DCA 2003)
- State v. Deleon, 867 So. 2d 636 (Fla. 5th DCA 2004)