From Casetext: Smarter Legal Research

State v. Rodriguez

District Court of Appeal of Florida, Third District
Oct 28, 1986
496 So. 2d 240 (Fla. Dist. Ct. App. 1986)

Opinion

No. 86-119.

October 28, 1986.

An Appeal from the Circuit Court for Dade County; Philip Bloom, Judge.

Jim Smith, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Thomas G. Murray, Asst. Public Defender, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


We affirm the sentence under review departing downward from the sentencing guidelines upon a holding that the trial court gave clear and convincing reasons, supported by the record, for the departure and, accordingly, did not abuse its discretion in sentencing the defendant below the guidelines. See State v. Rice, 464 So.2d 684, 686 (Fla. 5th DCA 1985) (defendant's age and complete lack of criminal record may be considered in mitigation of guidelines sentence); State v. Twelves, 463 So.2d 493 (Fla. 2d DCA 1985) (showing of support of relatives and friends for defendant's rehabilitation properly considered in mitigating sentence).

Affirmed.


Summaries of

State v. Rodriguez

District Court of Appeal of Florida, Third District
Oct 28, 1986
496 So. 2d 240 (Fla. Dist. Ct. App. 1986)
Case details for

State v. Rodriguez

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. MANUEL RODRIGUEZ, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 28, 1986

Citations

496 So. 2d 240 (Fla. Dist. Ct. App. 1986)

Citing Cases

State v. Frinks

1. The defendant's age (24 years) and complete lack of criminal record. State v. Rice, 464 So.2d 684 (Fla.…

State v. Smith

PER CURIAM. Affirmed. Lawson v. State, 498 So.2d 541, 543 (Fla. 1st DCA 1986); State v. Rodriguez, 496 So.2d…