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Madden v. State

District Court of Appeal of Florida, Fifth District
Dec 24, 1986
499 So. 2d 63 (Fla. Dist. Ct. App. 1986)

Summary

In Madden, there was conflicting evidence on the question of whether the defendant had rendered substantial assistance and there was no evidence of bad faith on the part of the prosecution in refusing to move for mitigation.

Summary of this case from State v. Agerton

Opinion

No. 86-479.

December 24, 1986.

Appeal from the Circuit Court, Marion County, William T. Swigert, J.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a denial of a motion to mitigate a sentence. Appellant and the state agreed that if appellant would "provide substantial assistance in the identification, arrest or conviction of any of his accomplices, accessories, co-conspirators, or principals" that the state would so inform the court and thus assist in the reduction of his fifteen year minimum mandatory sentence. See § 893.135, Fla. Stat. (1985). Because the state did not file the motion seeking a sentence reduction the court correctly refused to reduce the sentence, even though appellant presented seven letters from agents and attorneys from federal agencies saying he rendered substantial assistance.

It is a discretionary act upon the part of the state attorney to assist in sentence reduction under the statute. The judiciary will not interfere with this executive decision which is wholly within the prosecutor's discretion.

AFFIRMED.

ORFINGER, J., concurs.

SHARP, J., concurs specially with opinion.


An affirmance is appropriate in this case because there was no evidence the prosecutor acted in bad faith in refusing to file the motion seeking reduction of the sentence pursuant to section 893.135(3) and there was also evidence that Madden failed to render "substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators or principals," pursuant to his plea agreement with the state. He apparently attempted to solicit machine guns to use to assassinate the state's key witness in the case against him. However, I question the view expressed by the trial court and the majority that refusal of the prosecutor to file the motion to reduce sentence is completely determinative of the case.

State v. Werner, 402 So.2d 386 (Fla. 1981).


Summaries of

Madden v. State

District Court of Appeal of Florida, Fifth District
Dec 24, 1986
499 So. 2d 63 (Fla. Dist. Ct. App. 1986)

In Madden, there was conflicting evidence on the question of whether the defendant had rendered substantial assistance and there was no evidence of bad faith on the part of the prosecution in refusing to move for mitigation.

Summary of this case from State v. Agerton

In Madden, this court held that even where the State had agreed to file a motion to mitigate sentence in return for substantial assistance by the defendant, unless the prosecutor filed such motion, the trial court had no authority to mitigate the mandatory minimum sentence.

Summary of this case from State v. Agerton
Case details for

Madden v. State

Case Details

Full title:KEVIN JAMES MADDEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Dec 24, 1986

Citations

499 So. 2d 63 (Fla. Dist. Ct. App. 1986)

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