CHRISTOPHER MITCHELL KINSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed and remanded the appellant's sentence for failing to register as a sexual predator because the Florida Supreme Court disapproved the prior precedent requiring proof that the Department of Corrections could not accommodate specialized treatment to obtain a downward departure.
A trial court must consider whether it legally can depart from sentencing guidelines and, if so, whether it should depart, without requiring proof that the Department of Corrections cannot accommodate specialized treatment.
[1] A trial court sentencing a defendant must consider whether it legally can depart from the sentencing guidelines and, if satisfied that it can, whether it should depart, w…
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Join FLexlaw to unlock all legal intelligenceChristopher Kinsey pleaded no contest to failing to register as a sexual predator and received a sentence that was affirmed under State v. Holmes, whi…
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Appellant Christopher Kinsey appealed his sentence following his no contest plea to one count of failing to register as a sexual predator. We affirmed Appellant’s sentence in conformance with State v. Holmes, 909 So.2d 526 (Fla. 1st DCA 2005), which required 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, 1 quashed this Court’s decision, and remanded the cause.
Accordingly, we reverse Appellant’s sentence and remand for a new sentencing hearing. See Chubbuck, 141 So.3d at 1168-69 (quoting Banks v. State, 732 So.2d 1065, 1067-68 (Fla.1999)) (reaffirming that the process for departing from the guidelines requires the trial court to consider: (1) whether it legally can depart; and (2) if satisfied that it could, whether it should depart).
REVERSED and REMANDED.
BENTON, SWANSON, and OSTERHAUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Donald B. Banks v. State, 732 So. 2d 1065 (Fla. 1999)
- State v. Chubbuck, 141 So. 3d 1163 (Fla. 2014)
- Campbell v. State, 909 So. 2d 526 (Fla. 1st DCA 2005)
- Kinsey v. State, 135 So. 3d 424 (Fla. 1st DCA 2014)