Perez v. State
Perez v. State
Opinion of the Court
Appellant appeals the trial court’s denial of his motion for downward departure under section 921.0026(2)(d), Florida Statutes (2012).
[T]he state should have the opportunity to present evidence as to whether the DOC can provide the required “specialized treatment.” However, if the state presents such evidence ... the trial court is not precluded from granting [appellant’s] request for downward departure. Rather, the state’s evidence is merely an additional factor which the trial court may consider in exercising its discretion as to whether to grant [appellant’s] request for downward departure.
Colletta v. State, — So.3d - (Fla. 4th DCA 2012).
Reversed and remanded for resentenc-ing.
. A "(mjitigating circumstance[ ] under which a departure from the lowest permissible sentence is reasonably justified” includes when a "defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2012).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.