Florida District Courts of Appeal, 2017

Concha v. State

Concha v. State
Florida District Courts of Appeal · Decided August 16, 2017 · Damoorgian, Kuntz, Taylor
225 So. 3d 390; 2017 WL 3500335; 2017 Fla. App. LEXIS 11781 (Southern Reporter, Third Series)

Concha v. State

Opinion of the Court

Per Curiam.

Victor Concha appeals his sentence for ten counts of possession of child pornography. Concha argues that the trial judge committed fundamental error when he implied that he would not, as a general policy, consider Concha’s mental health needs as a basis for downward departure. We reverse and remand for resentencing before a different judge, because the trial judge’s comments in this case are substantively indistinguishable from those we found to constitute fundamental error in Fraser v. State, 201 So.3d 847 (Fla. 4th DCA 2016).

Reversed and Remanded.

Taylor, Damoorgian and Kuntz, JJ., concur.

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