State v. Perez-Gonzalez, 3D03-2428.
| Decision Date | 13 October 2004 |
| Docket Number | No. 3D03-2428.,3D03-2428. |
| Citation | 884 So.2d 1031 |
| Parties | The STATE of Florida, Appellant, v. Miguel PEREZ-GONZALEZ, Appellee. |
| Court | Florida District Court of Appeals |
Charles J. Crist, Jr., Attorney General, and Barbara A. Zappi, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellee.
Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.
The State appeals from a final judgment of conviction and sentence on the ground that the trial court erroneously sentenced the defendant, Miguel Perez-Gonzalez, to a downward sentence without valid reasons for the departure.
Section 921.0026(1), Florida Statutes, prohibits a downward departure from the lowest permissible sentence as calculated by the guidelines score sheet. § 921.0026(1), Fla. Stat. (2003). Section 921.0026(2)(j), Florida Statutes, permits a downward departure sentence where the defendant can establish that the crime was an isolated incident, that the crime was committed in an unsophisticated manner, and that the defendant showed remorse. § 921.0026(2)(j), Fla. Stat. (2003)(emphasis added); State v. Jordan, 867 So.2d 635 (Fla. 5th DCA 2004); State v. Santomaso, 764 So.2d 735, 737 (Fla. 2d DCA 2000).
In the instant case, the Record arguably supports the court's finding that the defendant showed remorse. However, we are at a loss to comprehend how the court could come to the conclusion that defendant's act was an isolated incident, especially where the court sentenced the defendant as a habitual offender based on his three previous felony convictions.1 State v. Jordan, 867 So.2d 635, 636 (Fla. 5th DCA 2004) (). Moreover, the Record refutes the finding that the crime was committed in an unsophisticated manner where the Record reflects that the defendant made a "surgical strike" to reach in and take the one item he wanted, the bird;2 He broke into the victim's property, knew what he wanted, and got it. Because the defendant is unable to meet the three prongs, isolated incident, unsophisticated manner, and remorse, for a downward departure sentence, the matter must be reversed. See State v. Brannum, 876 So.2d 724, 725 (Fla. 5th DCA 2004)
; Jordan, 867 So.2d at 636. Accordingly, we reverse defendant's sentence and remand to the trial court with directions to enter...
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State v. Platt
...and their actions demonstrated that they knew what they were doing in committing the burglary and thefts); see also State v. Perez–Gonzalez, 884 So.2d 1031 (Fla. 3d DCA 2004) (finding burglary was not committed in an unsophisticated manner where defendant, who coveted a particular item, bro......
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State v. Salgado
...for which the defendant had shown remorse."); see also State v. Strawser, 921 So.2d 705, 707 (Fla. 4th DCA 2006); State v. Perez-Gonzalez, 884 So.2d 1031 (Fla. 3d DCA 2004). As the record does not contain competent substantial evidence which would support a finding that the charged offenses......
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Johnson v. State
...consider the defendant's remorse for the offense. See State v. Strawser, 921 So.2d 705 (Fla. 4th DCA 2006); State v. Perez-Gonzalez, 884 So.2d 1031 (Fla. 3d DCA 2004). The record before us, however, reflects that Johnson and his counsel never sought a mitigated sentence pursuant to this sub......
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