CHARLES DANIELS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• LEE v. State, 223 So. 3d 342 (Fla. 1st DCA 2017)
  …igators The trial court also departed based on several non-statutory mitigating factors. When .the court bases a departure on -a non-statutory factor, the factor must be permissible and supported by competent, substantial evidence. State v. Bowman, 123 So. 3d 107, 109 (Fla. 1st DCA 2013). To be permissible, the non-statutory mitigator must be consistent with legislative sentencing policies. Id “The mitigating factors specifically listed by the legislature focus on the nature of the crime, the conduct of .the…
• State v. Hodges, 151 So. 3d 531 (Fla. 3d DCA 2014)
  …e a trial court may depart for a reason other than those set forth in section 921.0026(2), it may only do so if the articulated reason for departure is consistent with legislative sentencing policies and is not otherwise prohibited. State v. Bowman, 123 So. 3d 107 (Fla. 1st DCA 2013); State v. Knox, 990 So. 2d 665 (Fla. 5th DCA 2008); State v. Ayers, 901 So. 2d 942 (Fla. 2d DCA 2005). Rule 3.704 implements the legislatively-created sentencing guidelines, and the statute and the rule each requires a court imp…
• State v. Yanker Orlando Perez-Diaz, 189 So. 3d 896 (Fla. 3d DCA 2016)
  …t substantial evidence to support the stated basis, so long as the purported basis for departure is consistent with legislative sentencing policies and is not otherwise prohibited. State v. Hodges, 151 So. 3d 531 (Fla. 3d DCA 2014); State v. Bowman, 123 So. 3d 107 (Fla. 1st DCA 2013); State v. Knox, 990 So. 2d 665 (Fla. 5th DCA 2008). • I do not believe the-concept of correcting an alleged “gross disparity” in the sentences imposed upon co-defendants of unequal culpability can constitute a valid basis for de…

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