State v. Villalovo, 84-2554
Decision Date | 28 January 1986 |
Docket Number | No. 84-2554,84-2554 |
Citation | 11 Fla. L. Weekly 288,481 So.2d 1303 |
Parties | 11 Fla. L. Weekly 288 The STATE of Florida, Appellant, v. Daniel VILLALOVO a/k/a Daniel Laso, Appellee. |
Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., and Jacki B. Geartner and Steven Scott, Asst. Attys. Gen., for appellant.
Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.
1 These conclusions, which were the result of psychological testing of the defendant, are quite obviously to be distinguished from the trial judge's seat-of-the-pants characterization of the defendant in State v. Davis, 464 So.2d 195 (Fla.3d DCA 1985) as "too stupid" to warrant a year in prison.
2 Indeed, the prosecution inferentially conceded that a departure was justified by recommending a five-year sentence when it incorrectly believed that the offense was a second degree felony with a fifteen year maximum penalty.
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