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826 So. 2d 1062

Docket No. 2D02-176.

State v. Porche

STATE of Florida, Appellant, v. Ronald PORCHE, Appellee.

District Court of Appeal of Florida

Decided September 27, 2002.

District Court of Appeal of Florida · decided 2002-09-27

Cited by 5 later decisions — most recently December 2010

5 state decisions

Key passage — most relied on by later courts

“presented an abundance of evidence supporting his assertion that he suffers from numerous serious medical conditions,” but”

quoted by 1 later decision, including State v. Ford

Relies on State v. Abrams · State v. Stewart

Good law ✅— No negative treatment on recordhow we know

Decided 2002-09-27

View the full empirical analysis of this case →

¶1Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

¶2James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellee.

¶3GREEN, Judge.

¶4The State appeals the trial court's downward departure sentence which imposed only time served upon the defendant, Ronald Porche. We reverse and remand for a sentence consistent with the sentencing guidelines.

¶5Porche, who suffers from numerous physical ailments, sought a downward departure sentence based on section 921.0016(4)(d), Florida Statutes (2001), which authorizes such a sentence when a defendant is in need of specialized medical treatment. In State v. Abrams,706 So.2d 903 (Fla. 2d DCA 1998), this court reversed a trial court's downward departure sentence where there was no evidence in the record that the defendant required specialized treatment which could not be *1063 provided by the Department of Corrections. See also State v. Stewart,749 So.2d 555 (Fla. 2d DCA 2000). In this case, Porche presented an abundance of evidence supporting his assertion that he suffers from numerous serious medical conditions. However, there was no evidence that he will not receive the necessary treatment while in the custody of the Department of Corrections.

¶6Reversed and remanded.

¶7FULMER and COVINGTON, JJ., Concur.

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