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Florida Statute 921.26 - Full Text and Legal Analysis
Florida Statute 921.0026 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 921.0026 Case Law from Google Scholar Google Search for Amendments to 921.0026

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 921
SENTENCE
View Entire Chapter
F.S. 921.0026
921.0026 Mitigating circumstances.—This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998.
(1) A downward departure from the lowest permissible sentence, as calculated according to the total sentence points pursuant to s. 921.0024, is prohibited unless there are circumstances or factors that reasonably justify the downward departure. Mitigating factors to be considered include, but are not limited to, those listed in subsection (2). The imposition of a sentence below the lowest permissible sentence is subject to appellate review under chapter 924, but the extent of downward departure is not subject to appellate review.
(2) Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to:
(a) The departure results from a legitimate, uncoerced plea bargain.
(b) The defendant was an accomplice to the offense and was a relatively minor participant in the criminal conduct.
(c) The capacity of the defendant to appreciate the criminal nature of the conduct or to conform that conduct to the requirements of law was substantially impaired.
(d) The defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or addiction or for a physical disability, and the defendant is amenable to treatment.
(e) The need for payment of restitution to the victim outweighs the need for a prison sentence.
(f) The victim was an initiator, willing participant, aggressor, or provoker of the incident.
(g) The defendant acted under extreme duress or under the domination of another person.
(h) Before the identity of the defendant was determined, the victim was substantially compensated.
(i) The defendant cooperated with the state to resolve the current offense or any other offense.
(j) The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse.
(k) At the time of the offense the defendant was too young to appreciate the consequences of the offense.
(l) The defendant is to be sentenced as a youthful offender.
(m) The defendant’s offense is a nonviolent felony, the defendant’s Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 60 points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For purposes of this paragraph, the term “nonviolent felony” has the same meaning as provided in s. 948.08(6).
(n) The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose.
(3) Except as provided in paragraph (2)(m), the defendant’s substance abuse or addiction, including intoxication at the time of the offense, is not a mitigating factor under subsection (2) and does not, under any circumstances, justify a downward departure from the permissible sentencing range.
History.—s. 8, ch. 97-194; s. 8, ch. 98-204; s. 2, ch. 2009-64; s. 2, ch. 2011-33; s. 3, ch. 2012-36.

F.S. 921.0026 on Google Scholar

F.S. 921.0026 on CourtListener

Amendments to 921.0026


Annotations, Discussions, Cases:

Cases Citing Statute 921.0026

Total Results: 308

State v. Rife

789 So. 2d 288, 2001 WL 359697

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1325986

Cited 48 times | Published

(1997)); see also § 921.0027, Fla. Stat. (1999). Section 921.0026(2)(f), Florida Statutes (1999), provides for

State v. Ayers

901 So. 2d 942, 2005 WL 991571

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666328

Cited 37 times | Published

basis for the downward departure sentence. Section 921.0026(1), Florida Statutes (2003), provides that

State v. Kelly

999 So. 2d 1029, 2008 WL 5396701

Supreme Court of Florida | Filed: Dec 30, 2008 | Docket: 465103

Cited 25 times | Published

non-exhaustive justification list appearing in section 921.0026(2), Florida Statutes). The inquiry remains

State of Florida v. Brian Mitchell Lee

223 So. 3d 342, 2017 WL 2374401, 2017 Fla. App. LEXIS 7886

District Court of Appeal of Florida | Filed: Jun 1, 2017 | Docket: 6068564

Cited 24 times | Published

and the defendant is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2013). The trial court also

Kirby v. State

863 So. 2d 238, 2003 WL 22304524

Supreme Court of Florida | Filed: Oct 9, 2003 | Docket: 1728596

Cited 19 times | Published

a downward departure sentence pursuant to section 921.0026, Florida Statutes (1999). [5] Although the

State v. Stephenson

973 So. 2d 1259, 2008 WL 397413

District Court of Appeal of Florida | Filed: Feb 11, 2008 | Docket: 1688392

Cited 17 times | Published

trial judge is a valid reason for departure. Section 921.0026(1) and (2)(j), Florida Statutes (2006), which

State v. Tyrrell

807 So. 2d 122, 2002 WL 91297

District Court of Appeal of Florida | Filed: Jan 25, 2002 | Docket: 1750595

Cited 17 times | Published

departure. See § 921.002(3), Fla. Stat. (1999). Section 921.0026, Florida Statutes (1999), sets out a list

State v. Schillaci

767 So. 2d 598, 2000 WL 1283861

District Court of Appeal of Florida | Filed: Sep 13, 2000 | Docket: 505583

Cited 17 times | Published

imposition of a downward departure sentence. See § 921.0026(3), Fla. Stat. (1999). The judge, however, expressed

Jones v. State

813 So. 2d 22, 2002 WL 87377

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1438737

Cited 16 times | Published

of Fla. Specifically, the State points to section 921.0026(3), Florida Statutes (Supp.1998), which prohibits

State v. Subido

925 So. 2d 1052, 2006 WL 504938

District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 471798

Cited 15 times | Published

departure, which must be articulated in writing. § 921.0026(1); 921.002(1)(f); Mann, 866 So.2d at 181, 183;

State v. Mann

866 So. 2d 179, 2004 WL 314448

District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273937

Cited 15 times | Published

announced a valid basis for the sentence. Section 921.0026(2)(a)-(l), Florida Statutes, is a list of

Staffney v. State

826 So. 2d 509, 2002 WL 31114965

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1197851

Cited 15 times | Published

for a downward departure sentence based on section 921.0026(2)(j), Florida Statutes (2001). Accordingly

State v. Randall

746 So. 2d 550, 1999 WL 1136436

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 1714979

Cited 15 times | Published

departure, the state is not entitled to relief. Section 921.0026(2) provides a list of mitigating circumstances

State v. White

755 So. 2d 830, 2000 WL 553938

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 1333781

Cited 14 times | Published

commission of the crime as a reason for departure. See § 921.0026(3), Fla. Stat. (1999) ("The defendant's substance

State v. Bleckinger

746 So. 2d 553, 1999 WL 1136438

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 1360708

Cited 14 times | Published

authorities after arrest and pleading guilty. § 921.0026(2)(i), Fla. Stat.; State v. Collins, 482 So.2d

State v. Steadman

827 So. 2d 1022, 2002 WL 2008862

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 1360796

Cited 13 times | Published

Departures based on reasons not delineated in section 921.0026(2), Florida Statutes (1999), which are supported

State v. Murphy

124 So. 3d 323, 2013 WL 5567495

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60235450

Cited 12 times | Published

substantially from the minimum score sheet sentence. Section 921.0026, Florida Statutes (2011), prohibits a downward

Johnson v. State

948 So. 2d 1014, 2007 WL 519868

District Court of Appeal of Florida | Filed: Feb 21, 2007 | Docket: 1773703

Cited 12 times | Published

sentence as a youthful offender pursuant to section 921.0026(2)(l), Florida Statutes (2006). We agree and

State v. Green

890 So. 2d 1283, 2005 WL 120418

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 1690250

Cited 12 times | Published

hoped to receive a downward departure under section 921.0026, Florida Statutes (2001-03), because she required

Barnhill v. State

140 So. 3d 1055, 2014 Fla. App. LEXIS 8640, 2014 WL 2536826

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241351

Cited 11 times | Published

substance abuse or addiction, pursuant to section 921.0026(2)(d), Florida Statutes (2010), as well as

State v. Salgado

948 So. 2d 12, 2006 WL 3208503

District Court of Appeal of Florida | Filed: Nov 8, 2006 | Docket: 1773996

Cited 11 times | Published

We will address the latter ground first. Section 921.0026(2)(k), Florida Statutes (2005), provides that

State v. Chestnut

718 So. 2d 312, 1998 WL 601132

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1515124

Cited 11 times | Published

reasonably justify the downward departure." Section 921.0026(1), Florida Statutes. The mitigating factors

Rafferty v. State

799 So. 2d 243, 2001 WL 863571

District Court of Appeal of Florida | Filed: Aug 1, 2001 | Docket: 1278225

Cited 10 times | Published

support. None of these reasons is listed in section 921.0026(2), Florida Statutes (1997), as a mitigating

Green v. State

84 So. 3d 1169, 2012 WL 1108508, 2012 Fla. App. LEXIS 5098

District Court of Appeal of Florida | Filed: Apr 4, 2012 | Docket: 1934904

Cited 9 times | Published

did not testify at his trial. [2] See, e.g., § 921.0026(2)(j), Fla. Stat. (2007) (permitting trial court

Jackson v. State

64 So. 3d 90, 36 Fla. L. Weekly Supp. 81, 2011 Fla. LEXIS 415, 2011 WL 536429

Supreme Court of Florida | Filed: Feb 17, 2011 | Docket: 60301598

Cited 9 times | Published

drug rehabilitation — was not valid. Id. (citing § 921.0026(3), Fla. Stat. (2008); State v. Owens, 848 So

Demoss v. State

843 So. 2d 309, 2003 WL 1559927

District Court of Appeal of Florida | Filed: Mar 27, 2003 | Docket: 1243837

Cited 9 times | Published

need outweighs the need for incarceration. See § 921.0026(2)(e), Fla. Stat. (2001). The test is the victim's

Santisteban v. State

72 So. 3d 187, 2011 Fla. App. LEXIS 14586, 2011 WL 4056179

District Court of Appeal of Florida | Filed: Sep 14, 2011 | Docket: 60303216

Cited 8 times | Published

review the extent of the downward departure. See § 921.0026(1), Fla. Stat. (2008) (“The imposition of a sentence

State v. Brannum

876 So. 2d 724, 2004 WL 1485854

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 1245038

Cited 8 times | Published

the offenses in an unsophisticated manner. Section 921.0026(2)(j), Florida Statutes (2002), provides that

State v. Owens

848 So. 2d 1199, 2003 WL 21510749

District Court of Appeal of Florida | Filed: Jul 3, 2003 | Docket: 1712323

Cited 8 times | Published

although the mitigating circumstances listed in section 921.0026(2), Florida Statutes (2000), are not exclusive

State v. Thompson

844 So. 2d 814, 2003 WL 21105368

District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1197154

Cited 8 times | Published

departure probationary sentence, pursuant to section 921.0026(2)(j), Florida Statutes, (2002). For the reasons

State v. Aguilar

775 So. 2d 994, 2000 WL 1817038

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1668002

Cited 8 times | Published

based upon the fact that she was remorseful, see § 921.0026(j), Fla. Stat. (1997); and that she required

State v. Thompson

754 So. 2d 126, 2000 WL 282783

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 475846

Cited 8 times | Published

to correct these various health problems. Section 921.0026(2)(d), Florida Statutes (1999), permits downward

State v. Calvert

15 So. 3d 946, 2009 Fla. App. LEXIS 11253, 2009 WL 2465707

District Court of Appeal of Florida | Filed: Aug 12, 2009 | Docket: 1661020

Cited 7 times | Published

mitigating factors did not exist — pursuant to section 921.0026 — to justify a withhold of adjudication? Was

State v. Waterman

12 So. 3d 1265, 2009 Fla. App. LEXIS 8756, 2009 WL 1872411

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1647238

Cited 7 times | Published

a downward departure sentence pursuant to section 921.0026(2)(j), Florida Statutes (2008), because the

State v. Fontaine

955 So. 2d 1248, 2007 WL 1427466

District Court of Appeal of Florida | Filed: May 16, 2007 | Docket: 1659279

Cited 7 times | Published

because the second ground is dispositive. Section 921.0026(2)(c), Florida Statutes, provides that a downward

State v. Strawser

921 So. 2d 705, 2006 WL 437547

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1662686

Cited 7 times | Published

some time in prison in addition to probation. Section 921.0026(2), Florida Statutes, contains a non-exhaustive

State v. Cooper

889 So. 2d 119, 2004 WL 2726043

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 908751

Cited 7 times | Published

incident for which the defendant has shown remorse." § 921.0026(2)(j), Fla. Stat. (2003). To justify departure

State v. VanBebber

848 So. 2d 1046, 2003 WL 21025826

Supreme Court of Florida | Filed: May 8, 2003 | Docket: 252612

Cited 7 times | Published

on the issue of whether the mitigator in section 921.0026(2)(j), Florida Statutes (Supp. 1998), is available

State v. Geoghagan

27 So. 3d 111, 2009 Fla. App. LEXIS 20512, 2009 WL 5151520

District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1665193

Cited 6 times | Published

0026." § 921.00265(1), Fla. Stat. (2006). Section 921.0026, Florida Statutes (2006), provides a non-exclusive

State v. Hall

981 So. 2d 511, 2008 WL 900466

District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 1515706

Cited 6 times | Published

substantial evidence. We agree. Pursuant to section 921.0026(1), Florida Statutes (2004), the trial court

State v. Holmes

909 So. 2d 526, 2005 WL 2055920

District Court of Appeal of Florida | Filed: Aug 29, 2005 | Docket: 2513033

Cited 6 times | Published

as a statutory basis for downward departure. § 921.0026(3), Fla. Stat. (2003). The finding that Holmes

State v. Jordan

867 So. 2d 635, 2004 WL 442857

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 1386399

Cited 6 times | Published

trial judge's reasoning is deficient in that section 921.0026(2)(j), Florida Statutes (2003), requires three

Bellamy v. State

199 So. 3d 480, 2016 Fla. App. LEXIS 13216, 2016 WL 4540166

District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 60256610

Cited 5 times | Published

incident for which the defendant has shown remorse.” § 921.0026(2)(j), Fla. Stat. (2011). The trial court denied

Dinkines v. State

122 So. 3d 477, 2013 WL 5334456, 2013 Fla. App. LEXIS 15118

District Court of Appeal of Florida | Filed: Sep 25, 2013 | Docket: 60234699

Cited 5 times | Published

whether to grant a mitigation sentence under section 921.0026(2)(j), Florida Statutes (2010) (listing whether

State v. Thompkins

113 So. 3d 95, 2013 WL 2112435, 2013 Fla. App. LEXIS 7976

District Court of Appeal of Florida | Filed: May 17, 2013 | Docket: 60231661

Cited 5 times | Published

to impose a departure sentence pursuant to section 921.0026(2)(j), Florida Statutes (2011), which allows

State v. Simmons

80 So. 3d 1089, 2012 WL 555414, 2012 Fla. App. LEXIS 2670

District Court of Appeal of Florida | Filed: Feb 22, 2012 | Docket: 60305634

Cited 5 times | Published

determination absent an abuse of discretion. Id. Section 921.0026(2), Florida Statutes (2008), sets forth a

Kezal v. State

42 So. 3d 252, 2010 Fla. App. LEXIS 10022, 2010 WL 2696345

District Court of Appeal of Florida | Filed: Jul 9, 2010 | Docket: 408026

Cited 5 times | Published

listed at subsections (2)(c) and (2)(j) of section 921.0026, Florida Statutes (2005), with respect to

Gardner v. State

30 So. 3d 629, 2010 Fla. App. LEXIS 3329, 2010 WL 935494

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 1639238

Cited 5 times | Published

ALTENBERND, J., Dissents with opinion. . See § 921.0026(2)(d), Fla. Stat. (2003). We note that the eight-year

State v. Walters

12 So. 3d 298, 2009 Fla. App. LEXIS 7604, 2009 WL 1675630

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1646710

Cited 5 times | Published

THE FIRST STATUTORY GROUND FOR DEPARTURE Section 921.0026(2)(j), Florida Statutes (2007), provides that

State v. Gaines

971 So. 2d 219, 2008 WL 36621

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 465330

Cited 5 times | Published

and over the State's objection, relying upon section 921.0026(2)(j), Florida Statutes (2006), the trial

State v. Green

971 So. 2d 146, 2007 WL 4245376

District Court of Appeal of Florida | Filed: Dec 5, 2007 | Docket: 1446088

Cited 5 times | Published

sentence is a preponderance of the evidence. Section 921.0026, entitled "Mitigating circumstances," provides

State v. Colbert

968 So. 2d 1043, 2007 WL 4207538

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1745421

Cited 5 times | Published

indicated that the basis for departure was section 921.0026(2)(j), Florida Statutes (allowing a downward

State v. Carlson

911 So. 2d 234, 2005 WL 2372726

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1751863

Cited 5 times | Published

then filed this timely appeal. Pursuant to section 921.0026(1), Florida Statutes (2003), the trial court

State v. Wheeler

891 So. 2d 614, 2005 WL 155463

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 59048

Cited 5 times | Published

sentence of fifty-one months. II. Analysis Section 921.0026(1), Florida Statutes (Supp.1998), provides

State v. Marshall

869 So. 2d 754, 2004 WL 741423

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1653995

Cited 5 times | Published

for a downward departure are specified in section 921.0026, Florida Statutes (2000). No written reasons

State v. Teal

831 So. 2d 1254, 2002 WL 31780224

District Court of Appeal of Florida | Filed: Dec 13, 2002 | Docket: 1387178

Cited 5 times | Published

statutory mitigating circumstances listed in section 921.0026(2), Florida Statutes (2001), is: "(d) The

Winther v. State

812 So. 2d 527, 2002 WL 460319

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 1716257

Cited 5 times | Published

disability which is amenable to treatment. See § 921.0026(2)(d), Fla. Stat. (2000). However, the use of

State v. Rife

733 So. 2d 541, 1999 WL 148030

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1188179

Cited 5 times | Published

determining the appropriate sentence. We agree that section 921.0026, Florida Statutes, gives the trial judge the

State v. Rife

733 So. 2d 541, 1999 WL 148030

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1188179

Cited 5 times | Published

determining the appropriate sentence. We agree that section 921.0026, Florida Statutes, gives the trial judge the

Kovalsky v. State

220 So. 3d 1192, 2017 WL 2364725, 2017 Fla. App. LEXIS 7830

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60267161

Cited 4 times | Published

moved for a downward departure pursuant to section 921.0026(2)(d), Florida Statutes, based on an apparent

Rankin v. State

174 So. 3d 1092, 2015 WL 5438665

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 60294089

Cited 4 times | Published

incident for which the defendant has shown remorse.” § 921.0026(2)©, Fla. Stat. (2013) (emphasis added). The

Camacho v. State

164 So. 3d 45, 2015 WL 1928592

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653258

Cited 4 times | Published

law was substantially impaired.” See § 921.0026(2)(c), Fla. Stat. (2012). In support of this

State v. Massingill

77 So. 3d 677, 2011 Fla. App. LEXIS 17363, 2011 WL 5170003

District Court of Appeal of Florida | Filed: Nov 2, 2011 | Docket: 435074

Cited 4 times | Published

purposes of section 921.0026(2)(j). Rather, Mr. Massingill relies upon mitigation under section 921.0026(2)(b)

State v. PITA

54 So. 3d 557, 2011 Fla. App. LEXIS 1021, 2011 WL 409080

District Court of Appeal of Florida | Filed: Feb 2, 2011 | Docket: 2408807

Cited 4 times | Published

prison as to the new felony cases Although section 921.0026(2)(e), Florida Statutes (2009), permits the

State v. McKnight

35 So. 3d 995, 2010 Fla. App. LEXIS 7014, 2010 WL 2008836

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 1646084

Cited 4 times | Published

that reasonably justify the downward departure." § 921.0026(1), Fla. Stat. (2009). At a minimum, the trial

State v. Alonso

31 So. 3d 265, 2010 Fla. App. LEXIS 3818, 2010 WL 1050069

District Court of Appeal of Florida | Filed: Mar 24, 2010 | Docket: 2544855

Cited 4 times | Published

forty-eight months in prison. Pursuant to section 921.0026(2)(j), Florida Statutes (2007), which provides

State v. Jerry

19 So. 3d 1167, 2009 Fla. App. LEXIS 15793, 2009 WL 3349431

District Court of Appeal of Florida | Filed: Oct 20, 2009 | Docket: 1651770

Cited 4 times | Published

probation for previous charges involving cocaine. Section 921.0026, Florida Statutes (2007), provides: A downward

State v. Fernandez

927 So. 2d 939, 2006 WL 399512

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 1765814

Cited 4 times | Published

already contemplated by the guidelines). See also § 921.0026(2)(a)-(l), Fla. Stat. (2002) (enumerating mitigating

State v. Scherber

918 So. 2d 423, 2006 WL 167664

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1361508

Cited 4 times | Published

Scherber a sentence below the guidelines based on section 921.0026(2)(d), Florida Statutes (2003), which allows

State v. Perez-Gonzalez

884 So. 2d 1031, 2004 WL 2290935

District Court of Appeal of Florida | Filed: Oct 13, 2004 | Docket: 1683123

Cited 4 times | Published

sentence without valid reasons for the departure. Section 921.0026(1), Florida Statutes, prohibits a downward

State v. Deleon

867 So. 2d 636, 2004 WL 442854

District Court of Appeal of Florida | Filed: Mar 12, 2004 | Docket: 1722427

Cited 4 times | Published

The State appeals the downward departure. Section 921.0026(2)(j), Florida Statutes (2001), provides that

State v. VanBebber

805 So. 2d 918, 2001 WL 1299449

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 1669529

Cited 4 times | Published

incident for which the defendant has shown remorse." § 921.0026(2)(j), Fla. Stat. (Supp.1998). The trial court

State v. Johnson

224 So. 3d 877, 2017 WL 3495599, 2017 Fla. App. LEXIS 11687

District Court of Appeal of Florida | Filed: Aug 16, 2017 | Docket: 6138714

Cited 3 times | Published

departure sentence for reasons not delineated in section 921.0026(2)[, Florida Statutes (2008) ], so long as

Fraser v. State

201 So. 3d 847, 2016 Fla. App. LEXIS 15584

District Court of Appeal of Florida | Filed: Oct 19, 2016 | Docket: 60257105

Cited 3 times | Published

health needs as a basis for downward departure. § 921.0026(2)(d), Fla. Stat. (2014). This was error. Little

Little v. State

152 So. 3d 770, 2014 Fla. App. LEXIS 19795, 2014 WL 6832228

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60244986

Cited 3 times | Published

a downward departure sentence pursuant to section 921.0026(1), Florida Statutes (2013), which provides

State v. McElroy

145 So. 3d 866, 2014 Fla. App. LEXIS 6251, 2014 WL 1779821

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60242748

Cited 3 times | Published

where the defendant is amenable to treatment. See § 921.0026(l)(d), Fla. Stat. (2011).3 The problem in this

State v. Bowman

123 So. 3d 107, 2013 WL 5567492, 2013 Fla. App. LEXIS 16017

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234851

Cited 3 times | Published

treated as a downward departure sentence.”). Section 921.0026(1), Florida Statutes, prohibits a downward

State v. Leverett

44 So. 3d 634, 2010 Fla. App. LEXIS 11767, 2010 WL 3186488

District Court of Appeal of Florida | Filed: Aug 13, 2010 | Docket: 60295611

Cited 3 times | Published

Tyrrell, 807 So.2d 122, 125 (Fla. 5th DCA 2002). Section 921.0026(2) of the Florida Statutes (2007) sets forth

State v. Weaver

23 So. 3d 829, 2009 Fla. App. LEXIS 18716, 2009 WL 4403232

District Court of Appeal of Florida | Filed: Dec 4, 2009 | Docket: 1657728

Cited 3 times | Published

isolated incident, and he showed remorse. See § 921.0026(j), Fla. Stat. (2007). Although the trial court

LEHMKUHLE v. State

20 So. 3d 971, 2009 Fla. App. LEXIS 15622, 2009 WL 3320185

District Court of Appeal of Florida | Filed: Oct 16, 2009 | Docket: 1639941

Cited 3 times | Published

J., and ALTENBERND, J., Concur. NOTES [1] Section 921.0026, Florida Statutes (2007), lists mitigating

State v. Cook

14 So. 3d 1155, 2009 Fla. App. LEXIS 8769, 2009 WL 1675716

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1157253

Cited 3 times | Published

to withhold adjudication in accordance with section 921.0026, Florida Statutes. Reversed and Remanded.

State v. Scriber

991 So. 2d 969, 2008 WL 4224287

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725174

Cited 3 times | Published

court found mitigating circumstances under section 921.0026, Florida Statutes (2007), that would justify

State v. Gatto

979 So. 2d 1232, 2008 WL 1883558

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1714605

Cited 3 times | Published

departure sentence based upon Florida Statutes section 921.0026(2)(d), (2006) (need for specialized treatment

State v. Naylor

976 So. 2d 1193, 2008 WL 782882

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1680099

Cited 3 times | Published

substantial evidence. See Fla. R.Crim. P. 3.701(d)(11); § 921.0026(1)-(2), Fla. Stat. (1997-2000); § 921.0016(1)(c)

State v. Joseph

922 So. 2d 393, 2006 WL 545599

District Court of Appeal of Florida | Filed: Mar 8, 2006 | Docket: 1282737

Cited 3 times | Published

a downward departure sentence pursuant to section 921.0026(2)(j), Florida Statutes (1998), finding that

State v. Sahadeo

890 So. 2d 464, 2004 WL 3008804

District Court of Appeal of Florida | Filed: Dec 29, 2004 | Docket: 1285985

Cited 3 times | Published

circumstance justifying a departure sentence. See § 921.0026(2)(d), Fla. Stat. (2003). However, the defense

McCorvey v. State

872 So. 2d 395, 2004 WL 913527

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 2587040

Cited 3 times | Published

factors that were not specifically enumerated in section 921.0026, Florida Statutes (2003). The appellant is

State v. Gilson

800 So. 2d 727, 2001 WL 1555547

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 1683670

Cited 3 times | Published

legally sufficient reasons under the statute. § 921.0026(2)(c), (j) and (k), Fla. Stat. Those provisions

State v. Santomaso

764 So. 2d 735, 2000 WL 868275

District Court of Appeal of Florida | Filed: Jun 30, 2000 | Docket: 408019

Cited 3 times | Published

downward departure sentence as enumerated in section 921.0026(2), Florida Statutes (1999). The trial court

Alvin Davis v. State of Florida

268 So. 3d 958

District Court of Appeal of Florida | Filed: Apr 25, 2019 | Docket: 14995758

Cited 2 times | Published

“for which the defendant has shown remorse.” § 921.0026(1), (2)(j), Fla. Stat. (2018). Even before the

State v. Schuler

268 So. 3d 242

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710888

Cited 2 times | Published

with 184 days of jail credit on all counts. Section 921.0026(1), Florida Statutes (2018), specifically

Butner v. State

217 So. 3d 1162, 2017 WL 1534812, 2017 Fla. App. LEXIS 5899

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 60265634

Cited 2 times | Published

that it had the discretion to depart under [section 921.0026(2)(j), Florida Statutes (2005)] upon proof

Martinez v. State

216 So. 3d 734, 2017 WL 1364001, 2017 Fla. App. LEXIS 5054

District Court of Appeal of Florida | Filed: Apr 12, 2017 | Docket: 60265476

Cited 2 times | Published

lowest permissible sentence for both counts. See § 921.0026(2)(a), Fla. Stat. (2007) (authorizing a departure

State v. Browne

187 So. 3d 377, 2016 Fla. App. LEXIS 4232, 2016 WL 1062793

District Court of Appeal of Florida | Filed: Mar 18, 2016 | Docket: 60254044

Cited 2 times | Published

866 So.2d 179, 181 (Fla. 5th DCA 2004)). Section 921.0026(2), Florida Statutes (2015), sets forth a

State v. Wheeler

180 So. 3d 1117, 2015 Fla. App. LEXIS 18144, 2015 WL 7779970

District Court of Appeal of Florida | Filed: Dec 4, 2015 | Docket: 60252295

Cited 2 times | Published

restitution outweighs the' need for incarceration. See § 921.0026(2)(e), Fla. Stat. (2015). In order to satisfy

State v. Lindsay

163 So. 3d 721, 2015 Fla. App. LEXIS 6430, 2015 WL 1942890

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247739

Cited 2 times | Published

Stat. (2008); Fla. R.Crim. P. 3.704(d)(27). Section 921.0026(2) sets forth a nonexclusive list of mitigating

Ho Yeaon Seo v. State

143 So. 3d 1189, 2014 WL 3953306, 2014 Fla. App. LEXIS 12497

District Court of Appeal of Florida | Filed: Aug 14, 2014 | Docket: 60242282

Cited 2 times | Published

erred in imposing a downward departure under section 921.0026(2)©, Florida Statutes (2011). We affirm based

Kemar Rochester v. State of Florida

140 So. 3d 973, 2014 WL 2516154, 2014 Fla. LEXIS 1812

Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 795955

Cited 2 times | Published

consideration of the facts of the crime pursuant to section 921.0026(2)(j). Although this Court and the Fourth

State v. Davis

133 So. 3d 1101, 2014 WL 444041, 2014 Fla. App. LEXIS 1431

District Court of Appeal of Florida | Filed: Feb 5, 2014 | Docket: 60238677

Cited 2 times | Published

statutory basis for the downward departure was section 921.0026(2)(d), Florida Statutes (2009), which provides

Noel v. State

127 So. 3d 769, 2013 WL 6182407, 2013 Fla. App. LEXIS 18880

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236854

Cited 2 times | Published

122, 123 (1938). . As the majority states, section 921.0026(2)(e), Florida Statutes (2010), allows the

State v. Jones

122 So. 3d 517, 2013 WL 5574995, 2013 Fla. App. LEXIS 16018

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234723

Cited 2 times | Published

a downward departure sentence pursuant to section 921.0026(2)(j), Florida Statutes (2012), upon finding

Rochester v. State

95 So. 3d 407, 2012 WL 3192726, 2012 Fla. App. LEXIS 13202

District Court of Appeal of Florida | Filed: Aug 8, 2012 | Docket: 60311213

Cited 2 times | Published

not consider any factors not enumerated in section 921.0026 for a downward departure sentence); Hines

State v. Chubbuck

83 So. 3d 918, 2012 WL 716136, 2012 Fla. App. LEXIS 3735

District Court of Appeal of Florida | Filed: Mar 7, 2012 | Docket: 2412486

Cited 2 times | Published

that reasonably justify the downward departure.” § 921.0026(1), Fla. Stat. (2009). Subsection 921.0026(1)

Ryan v. State

78 So. 3d 14, 2011 Fla. App. LEXIS 16998, 2011 WL 5061355

District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 2356649

Cited 2 times | Published

culpability or seek a reduced sentence. See, e.g., § 921.0026(2)(j), Fla.Stat. (2011) (allowing the trial court

Davis v. State

73 So. 3d 304, 2011 Fla. App. LEXIS 16137, 2011 WL 4809847

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 1907382

Cited 2 times | Published

to mitigate the charge of sexual battery. See § 921.0026(2)(f), Fla. Stat. (2010) (providing for mitigation

DeLuise v. State

72 So. 3d 248, 2011 Fla. App. LEXIS 16079, 2011 WL 4808267

District Court of Appeal of Florida | Filed: Oct 12, 2011 | Docket: 60303233

Cited 2 times | Published

basis for a downward departure sentence, see § 921.0026(2)(e), Fla. Stat., in this case the need for

Tyler v. State

69 So. 3d 961, 2011 Fla. App. LEXIS 12148, 2011 WL 3300165

District Court of Appeal of Florida | Filed: Aug 3, 2011 | Docket: 60302644

Cited 2 times | Published

” Amend. XIV, § 1, U.S. Const. .See, e.g., § 921.0026(2)(c), Fla. Stat. (2007) (allowing downward departure

State v. BELLUSCIO

82 So. 3d 910, 2011 Fla. App. LEXIS 10186, 2011 WL 2555457

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 796802

Cited 2 times | Published

a downward departure sentence, pursuant to section 921.0026(2)(d), Florida Statutes (2009), and presented

State v. Ford

48 So. 3d 948, 2010 Fla. App. LEXIS 18312, 2010 WL 4861734

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 60296664

Cited 2 times | Published

absent an abuse of discretion. *950Id. at 15. Section 921.0026, Florida Statutes (2008), allows a trial court

State v. Hall

47 So. 3d 361, 2010 Fla. App. LEXIS 16737, 2010 WL 4365571

District Court of Appeal of Florida | Filed: Nov 5, 2010 | Docket: 2535846

Cited 2 times | Published

for departure is expressly set forth under section 921.0026(2) as a basis for imposing a departure sentence

State v. Betancourt

40 So. 3d 53, 2010 Fla. App. LEXIS 9756, 2010 WL 2628660

District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1667010

Cited 2 times | Published

of statutory departure reasons provided in section 921.0026(2), Florida Statutes (2008), is not exclusive

Patrizi v. State

31 So. 3d 229, 2010 Fla. App. LEXIS 3359, 2010 WL 935479

District Court of Appeal of Florida | Filed: Mar 17, 2010 | Docket: 2410319

Cited 2 times | Published

established the mitigating factor provided in section 921.0026(2)(d), Florida Statutes. The court's application

State v. Ford

27 So. 3d 725, 2010 Fla. App. LEXIS 910, 2010 WL 363888

District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1664744

Cited 2 times | Published

outweighs the need for a prison sentence." Section 921.0026(2)(e), Fla. Stat. (2009); see Banks, 732 So

Robinson v. State

6 So. 3d 677, 2009 Fla. App. LEXIS 1980, 2009 WL 633175

District Court of Appeal of Florida | Filed: Mar 13, 2009 | Docket: 1666025

Cited 2 times | Published

mitigating factors besides the statutory factors in section 921.0026(2), Florida Statutes (2006), in determining

State v. Jimenez-Porras

974 So. 2d 422, 2007 Fla. App. LEXIS 16375, 2007 WL 3034933

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 2560172

Cited 2 times | Published

defendant has shown remorse—for departure under section 921.0026(2)(j), Fla. Stat.). Jimenez-Porras argues

State v. Laroe

821 So. 2d 1199, 2002 WL 1723758

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 1236000

Cited 2 times | Published

departure. See § 921.002(3), Fla. Stat. (1999). Section 921.0026, Florida Statutes (1999), sets out a list

State v. Stanton

781 So. 2d 1129, 2001 WL 173273

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 1293688

Cited 2 times | Published

reasonably justify the downward departure. Section 921.0026(2) provides a list of non-exclusive mitigating

MARIA HIRALDO v. STATE OF FLORIDA

268 So. 3d 955

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988956

Cited 1 times | Published

disorder. We agree and reverse. Section 921.0026(2)(d), Florida Statutes (2016), provides for

JEHU ALEX COMPERE v. STATE OF FLORIDA

262 So. 3d 819

District Court of Appeal of Florida | Filed: Jan 9, 2019 | Docket: 8485198

Cited 1 times | Published

hearings however have their own set of rules. Section 921.0026, Florida Statutes (2018), entitled “Mitigating

JAMES GREEN v. STATE OF FLORIDA

257 So. 3d 474

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975840

Cited 1 times | Published

departure sentence pursuant to section 921.0026(2)(c) and section 921.0026(2)(d), Florida Statutes (2017)

State v. Baron C. Rogers

250 So. 3d 821

District Court of Appeal of Florida | Filed: Jun 25, 2018 | Docket: 7371121

Cited 1 times | Published

isolated incidents for which he showed remorse. Section 921.0026(2)(j) of the Florida Statutes (2017) authorizes

STATE OF FLORIDA v. JACOB LACKEY

248 So. 3d 1222

District Court of Appeal of Florida | Filed: Jun 1, 2018 | Docket: 7002807

Cited 1 times | Published

2d DCA 2000). One potential valid reason, section 921.0026(2)(e), Florida Statutes, provides that a downward

Romans v. State

221 So. 3d 647, 2017 WL 2350302, 2017 Fla. App. LEXIS 7822

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 60268322

Cited 1 times | Published

incident for which the defendant has shown remorse ” § 921.0026(2)(j), Fla. Stat. The trial court found that

State v. Joseph M. Milici

219 So. 3d 117, 2017 WL 1534819, 2017 Fla. App. LEXIS 5942

District Court of Appeal of Florida | Filed: Apr 28, 2017 | Docket: 6058983

Cited 1 times | Published

So.2d 1052, 1057 (Fla. 5th DCA 2006)). Section 921.0026(2), Florida Statutes (2016), sets forth a

Laisha L. Landrum v. State of Florida

192 So. 3d 459, 41 Fla. L. Weekly Supp. 274, 2016 Fla. LEXIS 1194, 2016 WL 3191099

Supreme Court of Florida | Filed: Jun 9, 2016 | Docket: 3072271

Cited 1 times | Published

and Landrum showed remorse.' See §■ 921.0026(2)(f) and (j), Fla. Stat. (2004). Additionally

Senger v. State

200 So. 3d 137, 2016 Fla. App. LEXIS 8060, 2016 WL 3030829

District Court of Appeal of Florida | Filed: May 27, 2016 | Docket: 60294185

Cited 1 times | Published

factors in accordance with those set forth in section 921.0026, Florida Statutes (2011), which outlines mitigating

State v. Redden

173 So. 3d 1117, 2015 Fla. App. LEXIS 12844, 2015 WL 5051137

District Court of Appeal of Florida | Filed: Aug 28, 2015 | Docket: 60250204

Cited 1 times | Published

legal basis existed for the departure under section 921.0026(2)©, Florida Statutes (2013). Specifically

Childers v. State

171 So. 3d 170, 2015 Fla. App. LEXIS 11274, 2015 WL 4510409

District Court of Appeal of Florida | Filed: Jul 27, 2015 | Docket: 60249675

Cited 1 times | Published

downward departure sentence in part pursuant to section 921.0026(2)(d), Florida Statutes (2013), which provides

State v. Burt

183 So. 3d 1117, 2015 Fla. App. LEXIS 10855, 2015 WL 4366504

District Court of Appeal of Florida | Filed: Jul 17, 2015 | Docket: 60252931

Cited 1 times | Published

that it was departing downward pursuant to section 921.0026(2)(j), Florida Statutes (2014), because the

Hardie v. State

162 So. 3d 297, 2015 Fla. App. LEXIS 4030, 2015 WL 1259557

District Court of Appeal of Florida | Filed: Mar 20, 2015 | Docket: 60247473

Cited 1 times | Published

need for his imprisonment as allowed for by section 921.0026(2)(e), Florida Statutes (2009). However, because

State v. Hodges

151 So. 3d 531, 2014 Fla. App. LEXIS 18400, 2014 WL 5836122

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595526

Cited 1 times | Published

justify a downward departure. § 921.0026(1), Fla. Stat. (2012). Section 921.0026(2) provides a non-exclusive

State v. Henderson

152 So. 3d 49, 2014 Fla. App. LEXIS 18176, 2014 WL 5781868

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 60244956

Cited 1 times | Published

a downward departure, this time based upon section 921.0026(j), Florida Statutes. That section provides

State v. Davis

141 So. 3d 1230, 2014 WL 2874294, 2014 Fla. App. LEXIS 9551

District Court of Appeal of Florida | Filed: Jun 25, 2014 | Docket: 60241771

Cited 1 times | Published

affirm Davis’ downward departure sentence under section 921.0026(2)©, Florida Statutes (2011).3 Accordingly

State v. Fureman

161 So. 3d 403, 2014 Fla. App. LEXIS 2365, 2014 WL 656756

District Court of Appeal of Florida | Filed: Feb 21, 2014 | Docket: 60247128

Cited 1 times | Published

lower court downwardly departed pursuant to section 921.0026(2)(j), Florida Statutes (2011), on the basis

State v. Montanez

133 So. 3d 1151, 2014 WL 620271, 2014 Fla. App. LEXIS 2187

District Court of Appeal of Florida | Filed: Feb 19, 2014 | Docket: 60238698

Cited 1 times | Published

departure sentences were “justified under Fla. Stat. 921.0026 as the [defendant was experiencing great

State v. Stephens

128 So. 3d 209, 2013 Fla. App. LEXIS 19584, 2013 WL 6481020

District Court of Appeal of Florida | Filed: Dec 10, 2013 | Docket: 60237032

Cited 1 times | Published

Carlos Stephens, appellee, is contrary to section 921.0026(1), Florida Statutes (2011) (“A downward departure

State v. Douglas

118 So. 3d 1007, 2013 WL 4482469, 2013 Fla. App. LEXIS 13306

District Court of Appeal of Florida | Filed: Aug 22, 2013 | Docket: 60232883

Cited 1 times | Published

a downward departure sentence pursuant to section 921.0026(2)(j), Florida Statutes, because the crimes

State v. Perlman

118 So. 3d 994, 2013 WL 4106696, 2013 Fla. App. LEXIS 12788, 38 Fla. L. Weekly Fed. D 1751

District Court of Appeal of Florida | Filed: Aug 15, 2013 | Docket: 60233522

Cited 1 times | Published

departure was erroneous because it was premised on section 921.0026(2)0, Florida Statutes (2012), and Mr. Perlman’s

State v. Henderson

108 So. 3d 1137, 2013 WL 1007312, 2013 Fla. App. LEXIS 4198

District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60228993

Cited 1 times | Published

departure sentence. The State pointed out that section 921.0026(3), Florida Statutes (2012), disallows use

Perez v. State

107 So. 3d 537, 2013 WL 614244, 2013 Fla. App. LEXIS 2826

District Court of Appeal of Florida | Filed: Feb 20, 2013 | Docket: 60228733

Cited 1 times | Published

of his motion for downward departure under section 921.0026(2)(d), Florida Statutes (2012).1 At the conclusion

State v. Martinez

103 So. 3d 1013, 2012 Fla. App. LEXIS 21989, 2012 WL 6682018

District Court of Appeal of Florida | Filed: Dec 26, 2012 | Docket: 60226838

Cited 1 times | Published

downward departure as part of a plea bargain. See § 921.0026(2)(a), Fla. Stat. (2009); State v. Pita, 54 So

State v. Owens

95 So. 3d 1018, 2012 WL 3627429, 2012 Fla. App. LEXIS 14161

District Court of Appeal of Florida | Filed: Aug 24, 2012 | Docket: 60311051

Cited 1 times | Published

provided the defendant is amenable to treatment. § 921.0026(2)(d), Fla. Stat. (2010). That was the trial

Colletta v. State

126 So. 3d 1090, 2012 WL 1605364, 2012 Fla. App. LEXIS 7328

District Court of Appeal of Florida | Filed: May 9, 2012 | Docket: 60236178

Cited 1 times | Published

sentence below the guidelines range pursuant to section 921.0026(2)(d), Florida Statutes (2009), which allows

State v. Johnson

79 So. 3d 146, 2012 WL 280262, 2012 Fla. App. LEXIS 1330

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2352314

Cited 1 times | Published

application of two mitigating factors pursuant to section 921.0026, Florida Statutes (2008). Only subsection

State v. Hunter

65 So. 3d 1123, 2011 Fla. App. LEXIS 10551, 2011 WL 2622377

District Court of Appeal of Florida | Filed: Jul 6, 2011 | Docket: 60301627

Cited 1 times | Published

Petringelo, 762 So.2d 965, 965 (Fla. 2d DCA 2000). Section 921.0026 establishes that a trial court is prohibited

State v. Torres

60 So. 3d 560, 2011 Fla. App. LEXIS 6451, 2011 WL 1707210

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 60300280

Cited 1 times | Published

(20.183 years). He argued at sentencing that section 921.0026(2)(f), Florida Statutes (2008), allowed for

State v. Adkison

56 So. 3d 880, 2011 Fla. App. LEXIS 3500, 2011 WL 892127

District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 60298686

Cited 1 times | Published

court relied on. § 921.0026(2)(e) (Need for Restitution) Pursuant to section 921.0026(2)(e), the “Need

State v. Jackson

55 So. 3d 682, 2011 Fla. App. LEXIS 2288, 2011 WL 665332

District Court of Appeal of Florida | Filed: Feb 25, 2011 | Docket: 2551877

Cited 1 times | Published

So.2d 754, 756 (Fla. 5th DCA 2004); see also, § 921.0026(1), Fla. Stat. (2010) ("A downward departure

State v. Warner

50 So. 3d 99, 2010 Fla. App. LEXIS 19088, 2010 WL 5093217

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60297481

Cited 1 times | Published

prevailed over the downward departure statute, section 921.0026, Florida Statutes, for two reasons. First

State v. Warner

50 So. 3d 99, 2010 Fla. App. LEXIS 19088, 2010 WL 5093217

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 60297481

Cited 1 times | Published

prevailed over the downward departure statute, section 921.0026, Florida Statutes, for two reasons. First

State v. Jackson

22 So. 3d 817, 2009 Fla. App. LEXIS 17538, 2009 WL 4030813

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1176926

Cited 1 times | Published

So.2d 1199, 1203 (Fla. 1st DCA 2003). See also § 921.0026(3), Fla. Stat. (2008) ("the defendant's substance

Torres v. State

17 So. 3d 1282, 2009 Fla. App. LEXIS 14715, 2009 WL 3151346

District Court of Appeal of Florida | Filed: Oct 2, 2009 | Docket: 1140699

Cited 1 times | Published

system did not provide such psychotherapy. See § 921.0026(2)(d), Fla. Stat. (2006) (allowing a downward

State v. Holmes

994 So. 2d 507, 2008 WL 4923024

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1666594

Cited 1 times | Published

were committed in an unsophisticated manner. See § 921.0026(2)(j), Fla. Stat. (2007) (providing that remorse

State v. Voight

993 So. 2d 1174, 2008 WL 4820482

District Court of Appeal of Florida | Filed: Nov 7, 2008 | Docket: 1516013

Cited 1 times | Published

sentence are established by statute. See generally § 921.0026, Fla. Stat. (2007). While the *1176 list of statutory

State v. Clayton

994 So. 2d 388, 2008 WL 4643367

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1667024

Cited 1 times | Published

subsequent felony offense was justified pursuant to section 921.0026, Florida Statutes (2007). The trial court

State v. Resh

992 So. 2d 294, 2008 WL 4265310

District Court of Appeal of Florida | Filed: Sep 19, 2008 | Docket: 1723182

Cited 1 times | Published

permissible legal grounds to downwardly depart. See § 921.0026(c), (j), Fla. Stat. (2005). Thus, it must be

State v. Gretz

972 So. 2d 212, 2007 WL 4207691

District Court of Appeal of Florida | Filed: Nov 30, 2007 | Docket: 1650871

Cited 1 times | Published

incident for which Appellee has shown remorse. See § 921.0026(2)(j), Fla. Stat. (2006). Although there is no

State v. Williams

963 So. 2d 281, 2007 WL 2189095

District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1697373

Cited 1 times | Published

1999). As to the issue of appellant's age, section 921.0026(2)(k), Florida Statutes, permits a downward

Smith v. State

933 So. 2d 723, 2006 WL 2061259

District Court of Appeal of Florida | Filed: Jul 26, 2006 | Docket: 1712283

Cited 1 times | Published

basis for a downward departure sentence. See § 921.0026(2)(e), Fla. Stat. (2004); see also Banks v. State

State v. Issel

919 So. 2d 719, 2006 Fla. App. LEXIS 1541, 2006 WL 287356

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 64842088

Cited 1 times | Published

duress is a mitigating factor enumerated in section 921.0026(2), Florida Statutes (2002) (“The defendant

State v. Grayson

916 So. 2d 51, 2005 WL 3336462

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1187322

Cited 1 times | Published

Bray, 738 So.2d 962, 963 (Fla. 2d DCA 1999). Section 921.0026(2), Florida Statutes (2002), provides numerous

State v. Prasad

889 So. 2d 204, 2004 WL 2898111

District Court of Appeal of Florida | Filed: Dec 15, 2004 | Docket: 1488215

Cited 1 times | Published

Schillaci, 767 So.2d 598 (Fla. 4th DCA 2000); § 921.0026(2), Fla. Stat. One aspect of the required showing

State v. Crews

884 So. 2d 1139, 2004 WL 2387080

District Court of Appeal of Florida | Filed: Oct 27, 2004 | Docket: 1281988

Cited 1 times | Published

was also an improper downward departure. See § 921.0026(3), Fla. Stat. (2002) (stating a defendant's

State v. Scott

879 So. 2d 99, 2004 WL 1749529

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1514419

Cited 1 times | Published

that reasonably justify the downward departure." § 921.0026(1), Fla. Stat. (2001); see also § 921.00265(1)

State v. Faulk

840 So. 2d 319, 2003 WL 327514

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1748398

Cited 1 times | Published

record. [1] § 921.002, et seq., Fla. Stat. [2] § 921.0026(2)(a), Fla. Stat.

State v. Faulk

840 So. 2d 319, 2003 WL 327514

District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1748398

Cited 1 times | Published

record. [1] § 921.002, et seq., Fla. Stat. [2] § 921.0026(2)(a), Fla. Stat.

Eckard v. State

758 So. 2d 742, 2000 WL 638849

District Court of Appeal of Florida | Filed: May 19, 2000 | Docket: 1404129

Cited 1 times | Published

5 years if all conditions were satisfied. See § 921.0026(2)(j), Fla. Stat. (1997). Appellee concedes that

Garmany v. State of Florida

District Court of Appeal of Florida | Filed: Jul 30, 2025 | Docket: 70962784

Published

circumstances statute regarding downward departure, see § 921.0026(1), Fla. Stat. Although Garmany’s violation is

Andrew James Jones v. State of Florida

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454073

Published

depart below the lowest permissible sentence. See § 921.0026, Fla. Stat. (2021) (setting out some mitigating

Kaifa Jamal Green v. State of Florida

District Court of Appeal of Florida | Filed: May 7, 2025 | Docket: 70186663

Published

ability to enter a downward departure sentence. See § 921.0026, Fla. Stat. Defense counsel stated that if the

Gazoombi v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2025 | Docket: 69760560

Published

sentencing—he moved for a downward departure under section 921.0026, Florida Statutes, seeking a sentence more

Gazoombi v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2025 | Docket: 69760560

Published

sentencing—he moved for a downward departure under section 921.0026, Florida Statutes, seeking a sentence more

Manyak v. State of Florida

District Court of Appeal of Florida | Filed: Jan 31, 2025 | Docket: 69596388

Published

specialized treatment for a mental disorder. See § 921.0026(2)(d), Fla. Stat. (2023) ("The defendant

Thomas Coniglio v. State of Florida

District Court of Appeal of Florida | Filed: Nov 6, 2024 | Docket: 69347199

Published

and the defendant is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2022). Two mental health

State of Florida v. Darien A. Hauter

District Court of Appeal of Florida | Filed: Aug 19, 2024 | Docket: 69054997

Published

Fla. Stat., and in a manner consistent with section 921.0026, Florida Statutes. Thus, the Code establishes

Juaquinta Harris v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68561952

Published

departure consideration. See § 921.0026, Fla. Stat. (2021) (section 921.0026, providing for downward departure

Joseph D. Henderson v. State of Florida

District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68339587

Published

substance abuse or addiction, pursuant to section 921.0026(2)(d), Florida Statutes (2020), and (2) his

State of Florida v. James Earl Gibson

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68461433

Published

that reasonably justify the downward departure.” § 921.0026(1), Fla. Stat. We review a trial court’s determination

Ronald Stuyvesant Boyd v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68829284

Published

reasonably justify the mitigation of the sentence.”); § 921.0026(1), Fla. Stat. (prohibiting downward departures

STATE OF FLORIDA v. CAULKINS

District Court of Appeal of Florida | Filed: May 31, 2024 | Docket: 68814071

Published

criminal punishment code scoresheet based upon section 921.0026(1), Florida Statutes (2023), which allows

STATE OF FLORIDA v. JAMES PAUL AVERY

District Court of Appeal of Florida | Filed: Apr 12, 2024 | Docket: 67600931

Published

addiction” and that he “is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2022). On this record

Michael Andrew Baker v. State of Florida

District Court of Appeal of Florida | Filed: Mar 20, 2024 | Docket: 68357938

Published

before it, to impose a sentence at the cap. Section 921.0026(1), Florida Statutes, prohibits a trial court

JEFFERY GESKE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63401319

Published

downward departure. In the motion, he relied on section 921.0026(2)(d), Florida Statutes (2021), to argue that

AUSTIN MATTHEW BROOKS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 68155853

Published

322 So. 3d 763, 765 (Fla. 2d DCA 2021) (citing § 921.0026(1), Fla. Stat. (2020)). "The defendant bears

State of Florida v. McCall

District Court of Appeal of Florida | Filed: Nov 29, 2023 | Docket: 68042688

Published

justifying a downward departure sentence in section 921.0026(2), Florida Statutes. See State v. Issel,

ERIC ZONK WARD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744034

Published

based on a non- exhaustive list of factors. See § 921.0026(2), Fla. Stat. (2018). However, “[d]epartures

RICHARD BORBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 67618538

Published

in finding no legal basis to depart under section 921.0026(2)(j) [(step 1)],” because the trial court

RICHARD BORBON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 67618538

Published

in finding no legal basis to depart under section 921.0026(2)(j) [(step 1)],” because the trial court

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

departure. These amendments align the rule with section 921.0026, Florida Statutes (2022), which notes that

In Re: Amendments to Florida Rule of Criminal Procedure 3.992

Supreme Court of Florida | Filed: Jun 29, 2023 | Docket: 67538863

Published

departure. These amendments align the rule with section 921.0026, Florida Statutes (2022), which notes that

SHIRLEY COTO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 7, 2023 | Docket: 65588616

Published

So. 3d 1089, 1092 (Fla. 4th DCA 2012). Section 921.0026(2), Florida Statutes (2016), “sets forth a

STATE OF FLORIDA v. JOVAN ANDERSON

District Court of Appeal of Florida | Filed: Dec 14, 2022 | Docket: 66635747

Published

1092 (Fla. 4th DCA 2012). Pursuant to section 921.0026(1), Florida Statutes (2019), “[a] downward

STATE OF FLORIDA vs MARCUS ANTHONY SAWYER

District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 66698487

Published

departure sentence was warranted pursuant to section 921.0026(2)(d), Appellee was required to prove the

Eric Demond Parrish v. State of Florida

District Court of Appeal of Florida | Filed: Sep 28, 2022 | Docket: 65382146

Published

requires specialized treatment for a disorder. See § 921.0026(2)(d), Fla. Stat. 1 The State opposed a departure

THE STATE OF FLORIDA v. DUANE LAMAR JONES

District Court of Appeal of Florida | Filed: Feb 9, 2022 | Docket: 62984860

Published

guidelines. ANALYSIS AND DISCUSSION Section 921.0026, Florida Statutes (2013), entitled “Mitigating

MICHAEL LOVE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 2, 2022 | Docket: 62646384

Published

Love requested a downward departure under section 921.0026(e), Florida Statutes (2020), and although

Alvin Davis v. State of Florida

Supreme Court of Florida | Filed: Dec 2, 2021 | Docket: 61588932

Published

reduce a sentence is specifically authorized in section 921.0026(2)(j), Florida Statutes (2017), which permits

STATE OF FLORIDA v. ALEX ANTHONY GUERRA

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677199

Published

defendant’s motion for downward departure based on section 921.0026(2)(j), Florida Statutes (2019), over the state’s

JEROMEE SAFFOLD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 6, 2021 | Docket: 29084937

Published

amenability to treatment for his bipolar disorder. See § 921.0026(2)(d), Fla. Stat. (2019). On this issue, we reverse

ELCIN SIBRUN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488456

Published

appropriate in other circumstances, see, e.g., § 921.0026(2)(j), Fla. Stat. (2019), but those circumstances

ODELL BROWN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738437

Published

the lowest permissible sentence, pursuant to section 921.0026(2)(d), Florida Statutes (2014) (“The defendant

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

Supreme Court of Florida | Filed: Jan 16, 2020 | Docket: 16761642

Published

to make restitution as authorized by law.”); § 921.0026(2)(e),

GERALD SPIRES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 13, 2019 | Docket: 16460468

Published

relevant to a downward departure, consistent with section 921.0026, Florida Statutes (2019). Reversed and

TIFFANY MICHELLE GELIGA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 16, 2019 | Docket: 16338045

Published

sought a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2018), which provides

Joseph Williams v. State of Florida

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243482

Published

that reasonably justify the downward departure.” § 921.0026(1), Fla. Stat. The statute lists some valid grounds

STATE OF FLORIDA v. SHERRY CROSSLEY-ROBINSON

275 So. 3d 662

District Court of Appeal of Florida | Filed: Jun 5, 2019 | Docket: 15731300

Published

for which the defendant had shown remorse. See § 921.0026(2)(j), Fla. Stat. (2018). Another ground raised

STATE OF FLORIDA v. CASEY HANSEN

273 So. 3d 35

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658406

Published

As grounds for departure, Hansen relied on section 921.0026(2)(d), Florida Statutes, asserting he required

STATE OF FLORIDA v. WILLIAM FRANCIS BELLAMY

269 So. 3d 674

District Court of Appeal of Florida | Filed: May 8, 2019 | Docket: 15071472

Published

for a downward departure sentence based on section 921.0026(2)(d), Florida Statutes (2015), which provides

JAMES WARREN RADICE v. STATE OF FLORIDA

271 So. 3d 1007

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034056

Published

Radice moved for a downward departure under section 921.0026(2)(j), Florida Statutes (2017), arguing that

State v. Schuler

268 So. 3d 242

District Court of Appeal of Florida | Filed: Apr 12, 2019 | Docket: 64710889

Published

with 184 days of jail credit on all counts. Section 921.0026(1), Florida Statutes (2018), specifically

MARCUS JAMES v. STATE OF FLORIDA

264 So. 3d 982

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560233

Published

general rule do not apply here. See § 921.0026(2)(j), Fla. Stat. (2017) (which allows a sentencing

JESSICA SERNA v. STATE OF FLORIDA

264 So. 3d 999

District Court of Appeal of Florida | Filed: Feb 20, 2019 | Docket: 14560234

Published

set forth in the downward departure statute (section 921.0026, Florida Statutes). Specifically, Appellant

Strong v. State

263 So. 3d 199

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 64702747

Published

briefly argued one statutory ground under section 921.0026(2), Florida Statutes (2015), for a downward

Strong v. State

263 So. 3d 199

District Court of Appeal of Florida | Filed: Jan 4, 2019 | Docket: 64702746

Published

briefly argued one statutory ground under section 921.0026(2), Florida Statutes (2015), for a downward

JOSHUA E WALLACE v. STATE OF FLORIDA

257 So. 3d 1054

District Court of Appeal of Florida | Filed: Oct 24, 2018 | Docket: 8074522

Published

then began struggling with Appellant’s 1 See § 921.0026(2)(l); § 958.04, Fla. Stat. (2016). uncle. Appellant

DONTE AHMAD MCCRAY v. STATE OF FLORIDA

256 So. 3d 878

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804266

Published

his amenability to treatment, pursuant to section 921.0026(2)(d), Florida Statutes. The state responded

State v. Sisco

254 So. 3d 1139

District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7805877

Published

that there was “domination,” according to section 921.0026(2)(g), Florida Statutes (2015). Sisco

State v. Sarah M. Hollinger

253 So. 3d 1207

District Court of Appeal of Florida | Filed: Aug 13, 2018 | Docket: 7738816

Published

the criteria for a downward departure under section 921.0026(2)(j), Florida Statutes (2016), because "[t]he

State v. Bryant S. Rivera

249 So. 3d 1314

District Court of Appeal of Florida | Filed: Jul 2, 2018 | Docket: 7427982

Published

in accordance with the factors set out in section 921.0026, Florida Statutes. Id. § 775.08435(1)(d)1

State v. Sarah M. Hollinger

District Court of Appeal of Florida | Filed: Jun 11, 2018 | Docket: 7284970

Published

the criteria for a downward departure under section 921.0026(2)(j), Florida Statutes (2016), because the

State v. Sisco

District Court of Appeal of Florida | Filed: May 30, 2018 | Docket: 6958930

Published

that there was “domination,” according to section 921.0026(2)(g), Florida Statutes (2015). Sisco

JORGE CASTILLO v. STATE OF FLORIDA

244 So. 3d 1098

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366317

Published

downward departure, primarily pursuant to section 921.0026(2)(d), Florida Statutes (2015) (“The defendant

Fuss v. State

240 So. 3d 777

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 64675902

Published

denying his motion for downward departure under section 921.0026(2)(j), Florida Statutes (2014), and specifically

JORDAN FUSS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 4, 2018 | Docket: 6354248

Published

denying his motion for downward departure under section 921.0026(2)(j), Florida Statutes (2014), and specifically

State v. Shine Jr.

274 So. 3d 1135

District Court of Appeal of Florida | Filed: Jan 24, 2018 | Docket: 6280841

Published

the downward departure sentence imposed. See § 921.0026 Fla. Stat. (2014); State v. Pita, 54 So. 3d

State v. Shine Jr.

District Court of Appeal of Florida | Filed: Aug 23, 2017 | Docket: 6142251

Published

Salgado, 948 So. 2d 12 (Fla. 3d DCA 2006); § 921.0026 Fla. Stat. 2014. Consequently, we reverse

State v. Howard L. Hawkins, Jr.

225 So. 3d 943, 2017 WL 3567172, 2017 Fla. App. LEXIS 11863

District Court of Appeal of Florida | Filed: Aug 18, 2017 | Docket: 6143756

Published

(quoting § 921.00265(1), Fla. Stat. (2012)). Section 921.0026(2) contains a list of valid reasons, also

State v. Imber

223 So. 3d 1070, 2017 Fla. App. LEXIS 6962, 2017 WL 2180966

District Court of Appeal of Florida | Filed: May 17, 2017 | Docket: 6062500

Published

in the theft of his own money pursuant to section 921.0026(2)(f), Florida Statutes (2007). The State

State of Florida v. Adrea Vernique Wiley

213 So. 3d 1108, 2017 Fla. App. LEXIS 3873, 2017 WL 1093197

District Court of Appeal of Florida | Filed: Mar 23, 2017 | Docket: 4667136

Published

10 years of probation. The court relied on section 921.0026(2)(d), Florida Statutes (2018), which authorizes

Alex Munoz v. State

212 So. 3d 1146, 2017 WL 1041015, 2017 Fla. App. LEXIS 3579

District Court of Appeal of Florida | Filed: Mar 17, 2017 | Docket: 4621387

Published

a downward departure sentence pursuant to section 921.0026(2)(d) of the Florida Statutes (2016). This

State of Florida v. Adrea Vernique Wiley

210 So. 3d 658, 42 Fla. L. Weekly Supp. 149, 2017 WL 526510, 2017 Fla. LEXIS 288

Supreme Court of Florida | Filed: Feb 9, 2017 | Docket: 4582770

Published

a downward departure sentence pursuant to section 921.0026(2)(d), Florida Statutes (2013), finding that

State of Florida v. Toni Marie Sawyer

205 So. 3d 866, 2016 Fla. App. LEXIS 17723

District Court of Appeal of Florida | Filed: Dec 1, 2016 | Docket: 4547458

Published

reduction of sentence for drug treatment. See § 921.0026(2)(m), Fla. Stat. (2015). Likewise, her familial

Lawton v. State

207 So. 3d 359, 2016 Fla. App. LEXIS 17685

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546365

Published

AND PROCEDURAL BACKGROUND Pursuant to section 921.0026(2)(d), Florida Statutes (2015), Lawton filed

State v. Valerie F. Platt

203 So. 3d 194, 2016 Fla. App. LEXIS 16566

District Court of Appeal of Florida | Filed: Nov 4, 2016 | Docket: 4487373

Published

the circumstances or factors set forth in section 921.0026(2), Florida Statutes (2015). See State

State v. Johnson

197 So. 3d 1268, 2016 Fla. App. LEXIS 12384, 2016 WL 4375440

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 4121180

Published

Johnson two years of probation on the basis of section 921.0026(2)(b), Florida Statutes (2014), which states

Musur Monique Wallace v. State of Florida

197 So. 3d 1204, 2016 Fla. App. LEXIS 10923, 2016 WL 3882700

District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4113588

Published

the downward departure.” § 921.0026(1), Fla. Stat. (2012). Section 921.0026(2) lists mitigating factors

State v. Raymundo Centeno, Jr.

192 So. 3d 705, 2016 WL 3127657, 2016 Fla. App. LEXIS 8467

District Court of Appeal of Florida | Filed: Jun 3, 2016 | Docket: 3077157

Published

for which the defendant- has shown remorse.” § 921.0026(2)(j), Fla. Stat. (2013) “A downward departure

Miguel Angel Alfonso-Roche v. State of Florida

199 So. 3d 941, 2016 WL 3065576, 2016 Fla. App. LEXIS 8352

District Court of Appeal of Florida | Filed: Jun 1, 2016 | Docket: 3071354

Published

such a downward departure. § 921.0026(1), Fla. Stat. (2014). Section 921.0026(2) sets forth a nonexclusive

Ramon D. Senger v. State

200 So. 3d 137

District Court of Appeal of Florida | Filed: May 23, 2016 | Docket: 3069654

Published

factors in accordance with those set forth in section 921.0026, Florida Statutes (2011), which outlines

and SC14-1952 Jean Claude Noel v. State of Florida and Jean Claude Noel v. State of Florida

191 So. 3d 370, 2016 WL 1592703

Supreme Court of Florida | Filed: Apr 21, 2016 | Docket: 3056545

Published

victim outweighs the need for a prison sentence,” § 921.0026(2)(e), Fla. Stat. (2010). “[A] defendant’s -ability

State v. Johnson

193 So. 3d 32, 2016 WL 1579233, 2016 Fla. App. LEXIS 5951

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055570

Published

coopera *34 tion, pursuant to section 921.0026(i), Florida Statutes (2011). The trial

State v. Perez-Diaz

189 So. 3d 896, 2016 Fla. App. LEXIS 4022, 2016 WL 1039100

District Court of Appeal of Florida | Filed: Mar 16, 2016 | Docket: 3044883

Published

our existing statutory sentencing scheme. .Section 921.0026, Florida Statutes (2013), entitled “Mitigating

State v. Alginavon T. Cleveland

185 So. 3d 1290, 2016 WL 742551

District Court of Appeal of Florida | Filed: Feb 22, 2016 | Docket: 3045491

Published

order to qualify for a valid departure under section 921.0026(j), Florida Statutes, the defendant must establish

State v. Knight

182 So. 3d 887, 2016 Fla. App. LEXIS 311, 2016 WL 81604

District Court of Appeal of Florida | Filed: Jan 8, 2016 | Docket: 60252824

Published

participate in' the program as part of the sentence. § 921.0026(m), Fla. Stat. (2015). Knight scored- less than

State of Florida v. Adrea Vernique Wiley

179 So. 3d 481

District Court of Appeal of Florida | Filed: Nov 22, 2015 | Docket: 3014836

Published

a downward departure sentence pursuant to section 921.0026(2)(d), Florida Statutes (2013), finding that

William Lee Rudd v. State of Florida

177 So. 3d 1015

District Court of Appeal of Florida | Filed: Oct 25, 2015 | Docket: 3006984

Published

physical disability is a valid reason for departure. § 921.0026(2)(d), Fla. Stat. (2013); see Childers

Scott H. Rowe v. State of Florida

175 So. 3d 947

District Court of Appeal of Florida | Filed: Oct 20, 2015 | Docket: 2991517

Published

downward departure sentence brought pursuant to section 921.0026, Florida Statutes (2014) (addressing mitigating

Brian M. Rankin v. State of Florida

174 So. 3d 1092, 2015 Fla. App. LEXIS 13811

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808052

Published

incident for which the defendant has shown remorse.” § 921.0026(2)(j), Fla. Stat. (2013) (emphasis added). The

State v. Pinckney

173 So. 3d 1139, 2015 Fla. App. LEXIS 13415, 2015 WL 5559757

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757051

Published

provoked the incident within the meaning of section 921.0026(2)(f), Florida Statutes (2011).1 Because the

Gibbs v. State

163 So. 3d 732, 2015 Fla. App. LEXIS 6435, 2015 WL 1942927

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 60247743

Published

established grounds for a downward departure under section 921.0026(2)(j), Florida Statutes. See State v. VanBebber

Kenneth Isaac Parkerson v. State of Florida

163 So. 3d 683, 2015 Fla. App. LEXIS 6312, 2015 WL 1930312

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2679369

Published

the defendant asserted that, pursuant to section 921.0026(2)(d), Florida Statutes (2013), he required

Guevara-Vilca v. State

189 So. 3d 815, 2015 Fla. App. LEXIS 5249, 2015 WL 1600247

District Court of Appeal of Florida | Filed: Apr 10, 2015 | Docket: 2648516

Published

grades were “D’s and E’s.” Cf., e.g., § 921.0026(c), (d), Fla. Stat. (2008) (providing for downward

State v. Kutz

157 So. 3d 380, 2015 Fla. App. LEXIS 1208, 2015 WL 403969

District Court of Appeal of Florida | Filed: Jan 30, 2015 | Docket: 2629737

Published

she argued for sentence mitigation based on section 921.0026(2)(e), (j), and (m), Florida Statutes (2012)

Kinsey v. State

153 So. 3d 989, 2015 Fla. App. LEXIS 75, 2015 WL 63554

District Court of Appeal of Florida | Filed: Jan 6, 2015 | Docket: 60245396

Published

receive a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2013). See Kinsey

Christopher Mitchell Kinsey v. State of Florida

District Court of Appeal of Florida | Filed: Jan 5, 2015 | Docket: 2621186

Published

receive a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2013). See Kinsey

Matthew Dixon v. State of Florida

154 So. 3d 463

District Court of Appeal of Florida | Filed: Jan 1, 2015 | Docket: 2620433

Published

receive a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2013). See

State v. Hudson

153 So. 3d 375, 2014 Fla. App. LEXIS 20376, 2014 WL 7156349

District Court of Appeal of Florida | Filed: Dec 17, 2014 | Docket: 2616087

Published

that it was departing downward pursuant to section 921.0026(2)(j), Florida Statutes (2013), which allows

State v. Hodges

District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2606371

Published

justify a downward departure. § 921.0026(1), Fla. Stat. (2012). Section 921.0026(2) provides a non-exclusive

State v. Montgomery

155 So. 3d 1182, 2014 Fla. App. LEXIS 18194, 2014 WL 5783835

District Court of Appeal of Florida | Filed: Nov 7, 2014 | Docket: 2593754

Published

departure from the sentencing guidelines under section 921.0026(2)(e), if the evidence shows that the victim’s

State of Florida v. Rodney Larry Robinson

149 So. 3d 1199

District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593278

Published

are not limited to” those listed in section 921.0026(2). § 921.0026(1), Fla. Stat. (2011); see also State

State v. Daniels

149 So. 3d 1175, 2014 Fla. App. LEXIS 17305, 2014 WL 5394505

District Court of Appeal of Florida | Filed: Oct 24, 2014 | Docket: 60243776

Published

a party to any plea bargain with Daniels. See § 921.0026(2)(a), Fla. Stat. (2011); State v. Laperreri

State v. Bosompem

146 So. 3d 98, 2014 Fla. App. LEXIS 13450, 2014 WL 4249762

District Court of Appeal of Florida | Filed: Aug 29, 2014 | Docket: 60243044

Published

incident for which the defendant has shown remorse.” § 921.0026(2)0'), Fla. Stat. (2011). There must be competent

Allison N. Napoles v. State

162 So. 3d 58, 2014 WL 3843073, 2014 Fla. App. LEXIS 12027

District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 847380

Published

based on several mitigating factors under section 921.0026, Florida Statutes (2007), including the need

Mitchell v. State

147 So. 3d 93, 2014 WL 3737962, 2014 Fla. App. LEXIS 11612

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 390226

Published

request for a downward departure pursuant to section 921.0026(2)(d), Florida Statutes (2012), was denied

State v. Kelleher

142 So. 3d 958, 2014 Fla. App. LEXIS 11032, 2014 WL 3558537

District Court of Appeal of Florida | Filed: Jul 18, 2014 | Docket: 408032

Published

which was a second-degree felony. Pursuant to section 921.0026(2)©, Florida Statutes (2011), a court can

State of Florida v. Harry James Chubbuck

141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Supreme Court of Florida | Filed: Jun 19, 2014 | Docket: 58842

Published

and the defendant is amenable to treatment.” § 921.0026(2)(d), Fla. Stat. (2009). The question presented

State v. Robinson

138 So. 3d 1225, 2014 WL 2500638, 2014 Fla. App. LEXIS 8387

District Court of Appeal of Florida | Filed: Jun 3, 2014 | Docket: 60240546

Published

so “departed downward” without explanation. Section 921.0026(1), Florida Statutes (2011), provides that

Kinsey v. State

135 So. 3d 424, 2014 WL 839964, 2014 Fla. App. LEXIS 2831, 39 Fla. L. Weekly Fed. D 468

District Court of Appeal of Florida | Filed: Feb 28, 2014 | Docket: 60239631

Published

sought a downward departure sentence under section 921.0026(2)(d), Florida Statutes (2013), asserting

Dixon v. State

128 So. 3d 972, 2013 WL 6865419, 2013 Fla. App. LEXIS 20739

District Court of Appeal of Florida | Filed: Dec 31, 2013 | Docket: 60237247

Published

justified a downward departure in his sentence. See § 921.0026(2)(d), Fla. Stat. We recognize that there is

Hill v. State

122 So. 3d 1003, 2013 WL 5630034, 2013 Fla. App. LEXIS 16490

District Court of Appeal of Florida | Filed: Oct 16, 2013 | Docket: 60234535

Published

a defendant’s cooperation for purposes of section 921.0026(2)(i), Florida Statutes, which provides that

State v. Chapman

119 So. 3d 555, 2013 WL 4488939, 2013 Fla. App. LEXIS 13479

District Court of Appeal of Florida | Filed: Aug 23, 2013 | Docket: 60233667

Published

Appellee, Laurie Ann Chapman, pursuant to section 921.0026(2)0), Florida Statutes (2011). We agree with

State v. Garza

118 So. 3d 856, 2013 WL 3238112, 2013 Fla. App. LEXIS 10299

District Court of Appeal of Florida | Filed: Jun 28, 2013 | Docket: 60233451

Published

factors in accordance ■with those set forth in [section] 921.0026.” § 775.08435(l)(b)l., 2., Fla. Stat. (2011)

In re Amendments to Florida Rule of Criminal Procedure 3.992(b)

101 So. 3d 1263, 2012 WL 4815501

Supreme Court of Florida | Filed: Oct 11, 2012 | Docket: 60226146

Published

2012-36, section 3, Laws of Florida, amending section 921.0026(2), Florida Statutes (2012) (effective October

State v. Garcia-Costa

86 So. 3d 562, 2012 WL 1368180, 2012 Fla. App. LEXIS 6178

District Court of Appeal of Florida | Filed: Apr 20, 2012 | Docket: 60307716

Published

were isolated, and (3)he has shown remorse. See § 921.0026(2)©; State v. Ayers, 901 So.2d 942, 945 (Fla

State v. Jules

60 So. 3d 1138, 2011 Fla. App. LEXIS 6651, 2011 WL 1775819

District Court of Appeal of Florida | Filed: May 11, 2011 | Docket: 60300069

Published

the court imposed a mitigated sentence under section 921.0026(2) (e), Florida Statutes, based on the court’s

Washington v. State

82 So. 3d 828, 2011 WL 1261139

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 1934484

Published

there are specific departures outlined in [section 921.0026, Florida Statutes]— THE COURT: Which one would

Washington v. State

82 So. 3d 828, 2011 Fla. App. LEXIS 4772

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60306266

Published

there are specific departures outlined in [section 921.0026, Florida Statutes]— THE COURT: Which one would

State v. Lazier

58 So. 3d 902, 2011 Fla. App. LEXIS 3166, 2011 WL 798643

District Court of Appeal of Florida | Filed: Mar 9, 2011 | Docket: 60299542

Published

was not a valid reason for departure under section 921.0026(2), Florida Statutes (2009). Lazier concedes

State v. Michels

59 So. 3d 1163, 2011 Fla. App. LEXIS 2646, 2011 WL 710176

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299572

Published

register’. The State pointed out that under section 921.0026(3), Florida Statutes, a defendant’s substance

State v. Whiteside

56 So. 3d 799, 2011 Fla. App. LEXIS 18, 2011 WL 71988

District Court of Appeal of Florida | Filed: Jan 7, 2011 | Docket: 60298644

Published

defendant in the pending case.” Id. at 1068. Section 921.0026(1), Florida Statutes (2009), prohibits a downward

State v. Reith

43 So. 3d 909, 2010 Fla. App. LEXIS 13374, 2010 WL 3490262

District Court of Appeal of Florida | Filed: Sep 8, 2010 | Docket: 60295510

Published

support a downward departure sentence under section 921.0026(2)(b) and (j), Florida Statutes (2007), if

State v. Isom

36 So. 3d 936, 2010 Fla. App. LEXIS 9122, 2010 WL 2508859

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 2566130

Published

basis for a downward departure. We agree. Section 921.0026(1), Florida Statutes (2008), provides: A downward

State v. Rahal

33 So. 3d 145, 2010 Fla. App. LEXIS 6430, 2010 WL 1816508

District Court of Appeal of Florida | Filed: May 7, 2010 | Docket: 60289939

Published

Rahal’s motion to mitigate his sentence. See § 921.0026(2), Fla. Stat. (2004); State v. Scherber, 918

In Re Amendments to Florida Rule of Criminal Procedure 3.992(B)

30 So. 3d 491, 34 Fla. L. Weekly Supp. 658, 2009 Fla. LEXIS 2009, 2009 WL 4347843

Supreme Court of Florida | Filed: Dec 3, 2009 | Docket: 1431348

Published

2009-64, section 2, Laws of Florida, amending section 921.0026, Florida Statutes (2009). After considering

State v. Glover

25 So. 3d 38, 2009 Fla. App. LEXIS 17543, 2009 WL 4030819

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1661345

Published

921.0026." § 921.00265, Fla. Stat. (2006). Section 921.0026, Florida Statutes (2006), provides a non-exclusive

Holland v. State

953 So. 2d 19, 2007 Fla. App. LEXIS 3066, 2007 WL 624735

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 64849971

Published

not a valid statutory basis for departure. See § 921.0026. The statutory basis for a downward departure

Shuler v. State

947 So. 2d 1259, 2007 Fla. App. LEXIS 1214, 2007 WL 283051

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 64848803

Published

years old when the sexual activity started. See § 921.0026(2)(f), Fla. Stat. (2005). Defense counsel responded

State v. Harrell

933 So. 2d 1243, 2006 Fla. App. LEXIS 11955, 2006 WL 2000115

District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 64845787

Published

commendably concedes error, and we agree. See § 921.0026, Fla. Stat. (2005); State v. Subido, 925 So.2d

State v. Lund

919 So. 2d 503, 2005 Fla. App. LEXIS 18787, 2005 WL 3182148

District Court of Appeal of Florida | Filed: Nov 30, 2005 | Docket: 64842017

Published

reasons given were legally insufficient. See § 921.0026, Fla. Stat. (2003); State v. Perez, 802 So.2d

Fonte v. State

913 So. 2d 670, 2005 Fla. App. LEXIS 14815, 2005 WL 2293176

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840761

Published

participant, aggressor, or provoker of the incident.” § 921.0026(2)(f), Fla. Stat. (2000). In the present case

State v. Harvey

909 So. 2d 989, 2005 Fla. App. LEXIS 14279, 2005 WL 2175509

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 64840245

Published

for a departure sentence are set forth in section 921.0026, Florida Statutes. While the factors listed

State v. Holsey

908 So. 2d 1159, 2005 Fla. App. LEXIS 12774, 2005 WL 1991812

District Court of Appeal of Florida | Filed: Aug 19, 2005 | Docket: 64840044

Published

as a statutory basis for downward departure. § 921.0026(3), Fla. Stat. (2003). *1161The finding that

State v. Watson

903 So. 2d 379, 2005 Fla. App. LEXIS 9196, 2005 WL 1397411

District Court of Appeal of Florida | Filed: Jun 15, 2005 | Docket: 64838808

Published

court’s finding, and we must reverse. Although section 921.0026(2)(j), Florida Statutes (2003), includes among

State v. Young

901 So. 2d 301, 2005 Fla. App. LEXIS 6060, 2005 WL 991696

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 64838014

Published

sentences therefore violate the prohibition in section 921.0026(1), Florida Statutes (2003), of downward departure

State v. Fulks

899 So. 2d 1243, 2005 Fla. App. LEXIS 5446, 2005 WL 906163

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837840

Published

downward departure sentence imposed pursuant to section 921.0026(2)(j), Florida Statutes (2002). On the cross-appeal

Percival v. State

891 So. 2d 629, 2005 Fla. App. LEXIS 642, 2005 WL 176605

District Court of Appeal of Florida | Filed: Jan 28, 2005 | Docket: 64835487

Published

to consider a departure sentence based on section 921.0026(2)(j), Florida Statutes (2002)— that the offense

State v. Grant

912 So. 2d 321, 2004 Fla. App. LEXIS 18316, 2004 WL 3028212

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 64840592

Published

or provoker of the incident” pursuant to section 921.0026(2)©, Florida Statutes (2002). The trial court

State v. Fulks

884 So. 2d 1083, 2004 Fla. App. LEXIS 15383, 2004 WL 2346967

District Court of Appeal of Florida | Filed: Oct 20, 2004 | Docket: 64833674

Published

law” is not a valid basis for departure. See § 921.0026(1), Fla. Stat. (2001). Even if it were, the trial

Dozier v. State

881 So. 2d 662, 2004 Fla. App. LEXIS 12493, 2004 WL 1885953

District Court of Appeal of Florida | Filed: Aug 25, 2004 | Docket: 64832445

Published

results from a legitimate, uncoerced plea bargain.” § 921.0026(2)(a), Fla. Stat. (2000). A plea bargain is,

Bielik v. State

860 So. 2d 525, 2003 Fla. App. LEXIS 18761, 2003 WL 22901030

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 64826623

Published

in Warner and held that the miti-gator in section 921.0026(2)(j), Florida Statutes, is available to support

State v. Brown

855 So. 2d 270, 2003 Fla. App. LEXIS 14901, 2003 WL 22259217

District Court of Appeal of Florida | Filed: Oct 3, 2003 | Docket: 64825271

Published

the trial judge’s ground for departure was section 921.0026(2)(k), Florida Statutes, (2002), which permits

State v. Barnes

841 So. 2d 614, 2003 Fla. App. LEXIS 4392, 2003 WL 1718336

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 64821777

Published

homicide. The trial court based the departure on section 921.0026(2)©, Florida Statutes (2001), which provides

State v. Barnes

841 So. 2d 614, 2003 Fla. App. LEXIS 4392, 2003 WL 1718336

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 64821777

Published

homicide. The trial court based the departure on section 921.0026(2)©, Florida Statutes (2001), which provides

McGhee v. State

847 So. 2d 498, 2003 Fla. App. LEXIS 3718, 2003 WL 1239204

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 64823335

Published

unsophisticated manner, as contemplated by section 921.0026(2)(j), Florida Statutes (Supp. 1998). See

Meyers v. State

820 So. 2d 437, 2002 Fla. App. LEXIS 9438, 2002 WL 1429592

District Court of Appeal of Florida | Filed: Jul 3, 2002 | Docket: 64816242

Published

Cummings, 748 So.2d 388 (Fla. 5th DCA 2000); and Section 921.0026, Florida Statutes (2001). We reverse, however

State v. Butler

787 So. 2d 47, 2001 Fla. App. LEXIS 2025, 2001 WL 173304

District Court of Appeal of Florida | Filed: Feb 23, 2001 | Docket: 64806009

Published

Santomaso, 764 So.2d 735, 737 (Fla. 2d DCA 2000); § 921.0026(2)(j), Fla. Stat. (2000). In the present case

State v. Fulton

777 So. 2d 1134, 2001 Fla. App. LEXIS 803, 2001 WL 76815

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803628

Published

recommended under the sentencing guidelines. See also § 921.0026(3), Fla.Stat. (2000) (providing that defendant’s

State v. Clark

745 So. 2d 1116, 1999 Fla. App. LEXIS 16484, 1999 WL 1114892

District Court of Appeal of Florida | Filed: Dec 8, 1999 | Docket: 64792708

Published

the level of insanity. Second, pursuant to section 921.0026(2)(d), the trial court found that Clark required