State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988). · Go Syfert
Search
State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988). Cases Citing This Book View Copy Cite
29 citation events across 2 distinct courts.
Strongest positive: Ficklin v. State (fladistctapp, 1996-12-30)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Ficklin v. State
Fla. Dist. Ct. App. · 1996 · confidence medium
See, e.g., State v. Frinks, 555 So.2d 916 (Fla. 1st DCA 1990) (although age, standing alone, is not a justification for downward departure, remaining factors such as lack of prior criminal record, showing of support by relatives and friends for defendant’s rehabilitation, and history and diagnosis of psychiatric disorder revealing good prospect for treatment and recovery constituted legally sufficient grounds); State v. Forbes, 536 So.2d 356, 357 (Fla. 3d DCA 1988) (in cocaine sale and possession case, no abuse of discretion in downward departure where defendant showed motivation to be rehab…
discussed Cited as authority (rule) State v. Stutsman
Fla. Dist. Ct. App. · 1990 · confidence medium
See, e.g., State v. Fink, 557 So.2d 129 (Fla. 3d DCA 1990); State v. Bledsoe, 538 So.2d 94 (Fla. 3d DCA 1989); State v. Forbes, 536 So.2d 356, 357 (Fla. 3d DCA 1988); State v. Wilson, 523 So.2d 178, 179 (Fla. 3d DCA 1988); State v. Mesa, 520 So.2d 328, 329 (Fla. 3d DCA 1988). [2] To the extent that the trial court's quotation from State v. Daughtry, 505 So.2d 537, 539 (Fla. 4th DCA), review dismissed, 511 So.2d 999 (Fla. 1987), could be read to constitute a finding that the defendant was intoxicated from the use of drugs during the actual commission of each offense, there is no substantial com…
discussed Cited "see" State v. Traster
Fla. Dist. Ct. App. · 1992 · signal: accord · confidence high
Before examining the trial court's reasons for departure, we note that only one reason need withstand appellate scrutiny for the departure to be upheld. § 921.001(5), Fla. Stat. (1987); accord State v. Forbes, 536 So.2d 356 (Fla. 3d DCA 1988).
cited Cited "see" State v. Howell
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See State v. Forbes, 536 So.2d 356 (Fla. 3d DCA 1988); State v. Twelves, 463 So.2d 493 (Fla. 2d DCA 1985).
discussed Cited "see" Dixon v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Pastor v. State, 536 So.2d 356 (Fla. 3d DCA 1988). [5] Furthermore, based on the reasoning used by this court in the case of Hurd v. State, 536 So.2d 361 (Fla. 3d DCA 1988), under the Blockburger [6] double jeopardy test alone, the dual convictions would be impermissible.
discussed Cited "see" State v. Finney
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
Hall v. State, 517 So.2d 678, 680 (Fla. 1988) ("[T]he legislature had no *1142 intent of punishing a defendant twice for the single act of displaying a firearm or carrying a firearm while committing a robbery"; such dual convictions are impermissible); see Carawan v. State, 515 So.2d 161 (Fla. 1987). [1] Recognizing that this court has applied Carawan and Hall retroactively in post-conviction proceedings, Pastor v. State, 536 So.2d 356 (Fla. 3d DCA 1988), review granted, 545 So.2d 869 (Fla. 1989); Henderson v. State, 526 So.2d 743 (Fla. 3d DCA 1988), [2] the state requests that we certify conf…
Retrieving the full opinion text from the archive…
The STATE of Florida, Appellant,
v.
Timothy FORBES, Appellee.
87-3028.
District Court of Appeal of Florida, Third District.
Dec 27, 1988.
536 So. 2d 356
Hubbart, Nesbitt and Baskin.
Cited by 16 opinions  |  Published

[*357] Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

This is an appeal by the state from a one-year county stockade sentence for sale and possession of cocaine. The state's sole point on appeal is that the trial court erred in departing downward from the sentencing guidelines range of 2 1/2 to 3 1/2 years imprisonment because the two reasons given by the trial court for such departure were invalid. These two reasons were (1) the defendant's motivation to be rehabilitated, and (2) the small amount of cocaine sold and possessed. We affirm based on the following briefly stated legal analysis.

First, it is clear that the defendant's motivation to be rehabilitated constitutes a valid ground for departing downward from the sentencing guidelines. In the instant case, the record reveals that the defendant is strongly motivated to rehabilitate and overcome his cocaine habit and that his chances for doing so are excellent. Consequently, the trial court did not abuse its discretion in departing from the sentencing guidelines and in sentencing the defendant to one year in the county stockade so that he could participate in a drug rehabilitation program conducted at the stockade. State v. Sachs, 526 So.2d 48 (Fla. 1988); State v. Morales, 522 So.2d 464, 465 (Fla. 4th DCA 1988); State v. Glasper, 506 So.2d 480 (Fla. 4th DCA 1987); State v. Rodriguez, 496 So.2d 240 (Fla. 3d DCA 1986); State v. Twelves, 463 So.2d 493 (Fla. 2d DCA 1985).

Second, we agree that the small amount of cocaine involved in this case was an insufficient reason for departing from the sentencing guidelines. Atwaters v. State, 519 So.2d 611 (Fla. 1988); State v. McCluster, 525 So.2d 434 (Fla. 3d DCA 1988). A departure sentence, however, must be upheld where, as here, "at least one circumstance or factor justifies the departure regardless of the presence of other circumstances or factors found not to justify departure." § 921.001(5), Fla. Stat. (1987). The aforesaid statute abrogates the contrary ruling in Albritton v. State, 476 So.2d 158 (Fla. 1985), as to sentences imposed for offenses committed, as here, after the effective date of the statute: July 1, 1987. This being so, the invalid reason for departure from the sentencing guidelines in this case cannot affect the validity[*358] of the said departure, given the valid reason for departure previously discussed.

AFFIRMED.