THE STATE OF FLORIDA, APPELLANT,
v.
DONALD ROY GREEN, APPELLEE
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PER CURIAM.
The state appeals from a downward departure sentence entered pursuant to defendant’s plea agreement with the trial court alone, to which the state clearly objected, and from which it said it would appeal. Because there is acknowledgedly no basis for the downward departure, and the state adequately preserved the issue below, see State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006); see also State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002), review denied, 832 So. 2d 105 (Fla.2002); State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001), review denied, 823 So. 2d 125 (Fla.2002); State v. Turro, 724 So. 2d 1216 (Fla. 3d DCA 1998), the sentence is reversed and the cause remanded either to sentence defendant within the guidelines or to permit him to withdraw his plea.
Reversed and remanded.
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Joseph S. Chirillo, Jr., M.D. v. Granicz, 199 So. 3d 246 (Fla. 2016)…s that are recognized as necessary and which are customarily followed in the particular type of case according to the standard of those who are qualified by training and experience to perform similar services.’” Id. at 548 (quoting Sweet v. Sheehan, 932 So. 2d 365, 368 (Fla. 2d DCA 2006)). The court then defined the applicable “standard” for the medical profession as “ ‘that level of care, skill, and treatment which, in' light of all relevant surrounding circumstances, is recognized as acceptable and appropri…
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State v. Laffayette Berry, 976 So. 2d 645 (Fla. 3d DCA 2008)…ritten reasons. The State has appealed. In the absence of a valid reason for downward departure, we are obliged to reverse and remand for resentencing consistent with the guidelines, or to permit the defendant to withdraw his plea. State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006). The defendant suggests that there is a valid reason for downward departure. That issue can be raised in the trial court on remand. As to the suggestion that a victim’s consent can, in and of itself, constitute a valid downward de…
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Wroy v. N. Miami Med. Ctr., Ltd., 937 So. 2d 1116 (Fla. 3d DCA 2006)…cancer. However, even assuming these affidavits are valid, they do not create a material issue of fact. They do not establish a “more likely than not” chance of a decrease in Wroy’s chance of survival or reoccurrence of cancer. See Sweet v. Sheehan, 932 So. 2d 365 (Fla.2006); Holl v. Talcott, 191 So. 2d 40 (Fla.1966)(expert’s opinions were nothing more than naked assertions unsupported by an expert medical explanation of its basis or the reason it was reached); cf. Swain v. Curry, 595 So. 2d 168 (Fla. 1st DCA…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Paulk, 813 So. 2d 152 (Fla. 3d DCA 2002)
- State v. Gonzalo Canovas Turro, 724 So. 2d 1216 (Fla. 3d DCA 1998)
- State v. Perez, 802 So. 2d 1167 (Fla. 3d DCA 2001)
- State v. Brownell, 922 So. 2d 244 (Fla. 3d DCA 2006)