Florida District Courts of Appeal, 2009

State v. Berry

State v. Berry
Florida District Courts of Appeal · Decided September 23, 2009 · Cope, Gersten, Cortinas
19 So. 3d 429; 2009 Fla. App. LEXIS 14105; 2009 WL 3012676 (Southern Reporter, Third Series)

State v. Berry

Opinion

PER CURIAM.

The State of Florida (“the State”) appeals Laffayette Berry’s (“the defendant”) downward departure sentence. We reverse.

Based on a review of the record, we find that there was no competent substantial evidence presented to support the downward departure sentence. See State v. Grayson, 916 So.2d 51, 53 (Fla. 2d DCA 2005) (finding that a trial court is required to find that, based on the evidence presented at the hearing, the defendant had a mental disorder that required specialized treatment; had a reasonable possibility of successful treatment; and required treat *430 ment that the Department of Corrections could not provide). Here, the trial court did not find that the Department of Corrections could not provide the treatment the defendant required.

Accordingly, we reverse and remand for further proceedings.

Reversed and remanded.

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