TIMOTHY B. EDWARDS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (29 total)

• State v. Knox, 990 So. 2d 665 (Fla. 5th DCA 2008)
  …State v. Mann, 866 So. 2d 179, 181 (Fla. 5th DCA 2004). This step is a mixed question of law and fact and will be sustained if the trial court applied the right rule of law and if competent substantial evidence supported its ruling. State v. Subido, 925 So. 2d 1052, 1057 (Fla. 5th DCA 2006). The second step requires the trial court to determine whether the departure sentence is the best sentencing option for the defendant after consideration of the totality of the circumstances. Banks, 732 So. 2d at 1068. Thi…
• State v. Noe Salgado, 948 So. 2d 12 (Fla. 3d DCA 2006)
  …nner and were isolated incidents for which the defendant has shown remorse. This ground for departure, however, is only valid under section 921.0026(2)© when there is substantial competent evidence supporting all three elements. See State v. Subido, 925 So. 2d 1052, 1057 (Fla. 5th DCA 2006)(“A11 three elements must exist to justify departure; the offense must have been isolated, committed in an unsophisticated manner, and one for which ‘the defendant had shown remorse.”); see also State v. Strawser, 921 So. 2d…
• State v. Leverett, 44 So. 3d 634 (Fla. 5th DCA 2010)
  …irst, the appellate court must determine whether the trial court applied the correct rule of law and whether competent, substantial evidence supports the trial court’s reason for imposing a downward departure sentence. Id.; see also State v. Subido, 925 So. 2d 1052, 1057 (Fla. 5th DCA 2006). In making this determination, the appellate court must assess the evidence for sufficiency, not weight. Mann, 866 So. 2d at 181. Second, if the appellate court determines that the trial court’s reason for departure was in…

Authorities Cited

• Wilson v. State, 845 So. 2d 142 (Fla. 2003)