CHRISTOPHER MITCHELL KINSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Kinsey appealed his sentence for failing to register as a sexual predator, arguing he qualified for a downward departure based on a mental disorder. The First District Court of Appeal affirmed the trial court's denial of the departure, bound by its precedent in State v. Holmes despite recognizing that other district courts have reached contrary conclusions on the statutory requirements.
The First District Court of Appeal affirmed the trial court's denial of the downward departure because it was bound by its own precedent in State v. Holmes. However, the court acknowledged that if the question were open, it would find the reasoning of State v. Chubbuck and State v. Owens, which do not require proof that treatment is unavailable in the Department of Corrections, to be strongly persuasive.
[1] A defendant seeking a downward departure sentence based on a mental disorder is not required to prove that treatment for the condition is unavailable within the Departmen…
[2] A court is bound by its own precedent, even if persuasive reasoning exists in other district court decisions that conflict with that precedent.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“By requiring the defendant seeking downward departure from a criminal punishment code sentence to prove that services to treat his or her medical condition are unavailable in prison, the courts have placed an additional burden on the defendant which is not required by the Legislature.”
The court quotes the Fifth District's reasoning that the Holmes requirement imposes a burden not mandated by statute.
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Join FLexlaw to unlock all legal intelligenceChristopher Kinsey entered an open no contest plea to failing to register as a sexual predator. At sentencing, Kinsey sought a downward departure unde…
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Christopher Kinsey appeals the sentence imposed following his entry of an open no contest plea to one count of failing *425to register as a sexual predator. During the sentencing hearing, Mr. Kinsey sought a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2013), asserting that he suffers from a mental disorder. He did not present evidence that the Department of Corrections could not or would not accommodate his apparent need for specialized treatment and the trial court refused to impose the downward departure sentence, adhering to the requirements set forth in State v. Holmes, 909 So.2d 526 (Fla. 1st DCA 2005).
Mr. Kinsey asks this Court to recede from its decision in Holmes in view of the conflicting conclusions reached more recently by other district courts as to what a defendant must establish in order to qualify for a downward departure under section 921.0026(2)(d). See State v. Chubbuck, 83 So.3d 918 (Fla. 4th DCA 2012) (en banc); State v. Owens, 95 So.3d 1018, 1021 (Fla. 5th DCA 2012) (en banc). As this Court recognized recently in Dixon v. State, 128 So.3d 972 (Fla. 1st DCA 2013), we are bound by our own precedent to affirm. But if it were an open question, we would find the reasoning of Chubbuck, and Owens strongly persuasive. In Chubbuck, the Fourth District Court of Appeal, sitting en banc, determined a defendant is not required to establish that needed treatment is unavailable in the Department of Corrections in order to qualify for a downward departure. Subsequently, in Owens, the Fifth District Court of Appeal agreed, stating:
By requiring the defendant seeking downward departure from a criminal punishment code sentence to prove that services to treat his or her medical condition are unavailable in prison, the courts have placed an additional burden on the defendant which is not required by the Legislature. In fact, nothing in the legislative history even hints that in order to justify a downward departure on this ground, services must be unavailable in prison to treat the condition.
As a practical matter, defense counsel’s ability to accurately determine if treatment is available for a particular mental health malady is constrained by bureaucracy, budget considerations, and the diverse nature of facilities -within the Department of Corrections. Moreover, under a plain reading of the statute, it is not required.
Nonetheless, we must affirm the trial court’s adherence to this Court’s precedent.
AFFIRMED.
BENTON, SWANSON, and OSTERHAUS, JJ. concur.
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Kinsey v. State, 153 So. 3d 989 (Fla. 1st DCA 2015)…Appellant to present evidence that the Department of Corrections could not accommodate his necessary, specialized treatment in order to receive a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2013). See Kinsey v. State, 135 So. 3d 424 (Fla. 1st DCA 2014), reh’g denied (Apr. 7, 2014), review granted, SC14-910, 2014 WL 4413264 (Fla.2014). The Florida Supreme Court has since disapproved of Holmes, quashed this Court’s decision, and remanded the cause. Accordingly, we reverse Appel…
Authorities Cited
- State v. Chubbuck, 83 So. 3d 918 (Fla. 4th DCA 2012)
- Campbell v. State, 909 So. 2d 526 (Fla. 1st DCA 2005)
- State v. Owens, 95 So. 3d 1018 (Fla. 5th DCA 2012)
- Dixon v. State, 128 So. 3d 972 (Fla. 1st DCA 2013)