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225 So. 3d 390

Concha v. State

District Court of Appeal of Florida

Decided August 16, 2017

District Court of Appeal of Florida · decided 2017-08-16

Relies on Fraser v. State

Decided 2017-08-16

Per Curiam.

¶1Victor Concha appeals his sentence for ten counts of possession of child pornography. Concha argues that the trial judge committed fundamental error when he implied that he would not, as a general policy, consider Concha’s mental health needs as a basis for downward departure. We reverse and remand for resentencing before a different judge, because the trial judge’s comments in this case are substantively indistinguishable from those we found to constitute fundamental error in Fraser v. State, 201 So.3d 847 (Fla. 4th DCA 2016).

¶2Reversed and Remanded.

Taylor, Damoorgian and Kuntz, JJ., concur.
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