DOYLE L. NEWTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Jackson v. State, 64 So. 3d 90 (Fla. 2011)
  …kson, 22 So. 3d at 818. The district court concluded further that the ground provided orally for the downward departure — that Jackson was amenable to drug rehabilitation — was not valid. Id. (citing § 921.0026(3), Fla. Stat. (2008); State v. Owens, 848 So. 2d 1199, 1203 (Fla. 1st DCA 2003)). The district court consequently reversed the downward departure sentence and remanded for resentencing with specific directions that the sentence be within the guidelines. Id. The First District certified conflict with t…
• State v. Geoghagan, 27 So. 3d 111 (Fla. 1st DCA 2009)
  …remand for resentencing within the guidelines. See Pope v. State, 561 So. 2d 554, 556 (Fla.1990) (finding resentencing must be within the guidelines “when the initial reasons [for departure] had been reversed by an appellate court”); State v. Owens, 848 So. 2d 1199 (Fla. 1st DCA 2003) (re [*116] versing and remanding for resentencing within the guidelines where the trial court’s reason for departure was invalid). REVERSED. HAWKES, C.J., and WETHERELL, J., concur.…
• State v. Tirone Alonza Jerry, 19 So. 3d 1167 (Fla. 1st DCA 2009)
  …A downward departure from the lowest permissible sentence, as calculated according to the total sentence points ... is prohibited unless there are circumstances or factors that reasonably justify the downward departure. As stated in State v. Owens, 848 So. 2d 1199, 1201 (Fla. 1st DCA 2003), “[t]he decision to impose a downward departure is a two-part process.” The trial court first determines “whether it can depart, 1.e., whether there is a valid legal ground and adequate factual support for that ground in th…

Authorities Cited

• Westerheide v. State, 831 So. 2d 93 (Fla. 2002)
• Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002)
• Robertson v. State, 828 So. 2d 1035 (Fla. 1st DCA 2002)
• Houtsma v. State, 828 So. 2d 1035 (Fla. 1st DCA 2002)