Campbell v. State
48 So. 3d 201
| Fla. Dist. Ct. App. | 2010Background
- Campbell was convicted of possession of cocaine, possession of cannabis, and possession of drug paraphernalia.
- The State cross-appeals Campbell's downward departure sentence for possession of cocaine.
- The trial court imposed a downward departure of 18 months in prison, followed by 18 months of community control, then 12 months of probation, totaling 48 months, with no written reasons.
- The Criminal Punishment Code's minimum sentence for Campbell was 28.05 months.
- The court applied Tyrrell's two-step approach and found no valid ground for departure, and thus no basis for a downward departure.
- Florida courts hold family support considerations are not valid grounds for departure, per Walker and Rafferty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was a valid ground to depart downward | Campbell | Campbell | No valid legal ground found |
| Whether family circumstances justify departure | Campbell's family needs justify departure | Campbell's family impact supports departure | Family considerations not valid grounds for departure |
| Remand for resentencing on downward-departure ruling | State seeks proper resentencing | State challenges sentence | Remand for resentencing consistent with Code |
Key Cases Cited
- State v. Tyrrell, 807 So.2d 122 (Fla. 5th DCA 2002) (two-step departure analysis: valid ground then best option; standard of review)
- State v. Walker, 923 So.2d 1262 (Fla. 1st DCA 2006) (family support not valid reason for downward departure)
- Rafferty v. State, 799 So.2d 243 (Fla. 2d DCA 2001) (policy against punishing those with families to support; no departure for family)