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600 So. 2d 41

State v. Molina

District Court of Appeal of Florida · decided 1992-06-16

Cited by 2 later decisions — most recently March 1996

2 state decisions

Relies on State v. Alexander

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-16

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PER CURIAM.

¶1This case is controlled by State v. Alexander, 591 So.2d 1029 (Fla. 3d DCA 1991), where we held on similar facts that a finding by a trial judge that a defendant is “motivated to treatment” as a mentally disordered sex offender, unlike a strong motivation for rehabilitation, is an insufficient reason to support a downward departure from the guideline sentence.

¶2Accordingly, we vacate the sentence entered and remand for further proceedings where the defendant shall be sentenced within the guidelines or be given an opportunity to withdraw his plea and go to trial.

¶3Reversed and remanded.

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