Home/District Court of Appeal of Florida/State v. Molina

State v. Molina

600 So. 2d 41, 1992 Fla. App. LEXIS 6848, 1992 WL 131864
CourtDistrict Court of Appeal of Florida
DecidedJune 16, 1992
DocketNo. 91-2285
StatusPublished
Cited by2 cases

This text of 600 So. 2d 41 (State v. Molina) 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.

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

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.

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Related

State v. Tiedge
670 So. 2d 191 (District Court of Appeal of Florida, 1996)
State v. Cruz
635 So. 2d 1089 (District Court of Appeal of Florida, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
600 So. 2d 41, 1992 Fla. App. LEXIS 6848, 1992 WL 131864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-molina-fladistctapp-1992.