Concha v. State
This text of 225 So. 3d 390 (Concha v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Related
Cite This Page — Counsel Stack
225 So. 3d 390, 2017 WL 3500335, 2017 Fla. App. LEXIS 11781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concha-v-state-fladistctapp-2017.