State v. Hunter
2011 Fla. App. LEXIS 10551
| Fla. Dist. Ct. App. | 2011Background
- State appeals a downward departure for defendant's medical condition.
- Trial court found amenability to treatment and unavailability of specialized treatment in prison; used totality of testimony.
- Proceedings follow two-step process: (1) determine departability with right law and adequate evidence; (2) determine whether departure is the best option.
- Statute 921.0026(2)(d) authorizes departure for specialized treatment if amenable to treatment; amenability shown by reasonable possibility of success.
- Expert testified defendant has a serious mental condition requiring intensive, specialized treatment not available in prison; defendant's past treatment attempts and jail conditions supported amenability; state did not rebut evidence.
- Court affirmed, holding there was competent substantial evidence to support departure; remaining question is discretionary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was competent substantial evidence for amenability and unavailability | State contends no amenability or unavailability | Goes to amenability and lack of prison options supported by expert | Yes; evidence supported amenability and unavailability; departure permitted |
Key Cases Cited
- State v. Alonso, 31 So.3d 265 (Fla. 4th DCA 2010) (two-step departure framework; step 1 requires right rule and evidence; step 2 is discretionary)
- Banks v. State, 732 So.2d 1065 (Fla.1999) (two-step process for departures; step 1 mixed law/fact; step 2 discretionary)
- State v. Petringelo, 762 So.2d 965 (Fla. 2d DCA 2000) (burden to prove facts supporting downward departure by preponderance)
- State v. Hillhouse, 708 So.2d 326 (Fla. 2d DCA 1998) (amenability shown by reasonable possibility of successful treatment)
- State v. Gatto, 979 So.2d 1232 (Fla. 4th DCA 2008) (unavailability of specialized treatment in prison supports departure)
- Abrams v. State, 706 So.2d 903 (Fla. 2d DCA 1998) (earlier articulation of unavailable treatment element impacting burden)
- Spioch, 706 So.2d 32 (Fla. 5th DCA 1998) (not required to prove prison lacks all treatment; discretion to depart)