State v. Molina

District Court of Appeal of Florida

State v. Molina

600 So. 2d 41, 1992 Fla. App. LEXIS 6848, 1992 WL 131864

District Court of Appeal of Florida·Decided June 16, 1992·No. No. 91-2285·Published·Cited by 2 cases

Opinion

PER CURIAM.

This case is controlled by State v. Alexander, 591 So.2d 1029 (Fla. 3d DCA 1991), where we held on similar facts that a finding by a trial judge that a defendant is “motivated to treatment” as a mentally disordered sex offender, unlike a strong motivation for rehabilitation, is an insufficient reason to support a downward departure from the guideline sentence.

Accordingly, we vacate the sentence entered and remand for further proceedings where the defendant shall be sentenced within the guidelines or be given an opportunity to withdraw his plea and go to trial.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This case is controlled by State v. Alexander, 591 So.2d 1029 (Fla. 3d DCA 1991), where we held on similar facts that a finding by a trial judge that a defendant is “motivated to treatment” as a mentally disordered sex offender, unlike a strong motivation for rehabilitation, is an insufficient reason to support a downward departure from the guideline sentence.

Accordingly, we vacate the sentence entered and remand for further proceedings where the defendant shall be sentenced within the guidelines or be given an opportunity to withdraw his plea and go to trial.

Reversed and remanded.

State v. Molina, 600 So. 2d 41, 1992 Fla. App. LEXIS 6848, 1992 WL 131864 (Fla. Ct. App. 1992).

Pincite

600 So. 2d 41 (State v. Molina) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related