State v. PITA
54 So. 3d 557
| Fla. Dist. Ct. App. | 2011Background
- Florida appeals from downward departure for Elvis Pita on probation and new felony sentences.
- Pita pleaded guilty July 7, 2005 to three felony cases (F04-13870, F04-13871, F04-13872) with restitution and probation.
- Original plea included 18 months house arrest and five years’ probation; Pita had prior aggravated assaults and grand theft.
- Pita committed five additional felonies while on probation; multiple new arrests led to potential habitual offender exposure.
- Trial court departed downward in both probation and new felony cases; State objected to the departures.
- Court reverses, directing guideline sentence or withdrawal of plea; grounds for departure deemed invalid or unsupported by evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of downward departure grounds | State objected; grounds invalid | Pita's defenses rely on plea-related factors | Grounds invalid or unsupported |
| Uncoerced plea bargain as basis | State did not agree to departure | Plea agreement could justify departure | Not a valid basis because State objected |
| Restitution paid while on probation | Restitution justifies departure | Not valid under Walters | Invalid basis for departure |
| Cooperation with authorities as basis | Cooperation relevant | Cooperation predated offenses and lacked impact | Invalid ground for departure |
| Remorse as basis for departure | Remorse supports departure | Remorse not shown as isolated or unsophisticated | Invalid due to lack of prerequisites and isolated conduct |
Key Cases Cited
- Banks v. State, 732 So. 2d 1065 (Fla.1999) (valid grounds for departure must be supported by evidence)
- Walters v. State, 12 So. 3d 298 (Fla. 3d DCA 2009) (restitution as sole basis for departure insufficient)
- Salgado v. State, 948 So. 2d 12 (Fla. 3d DCA 2006) (remorse requires three elements; not met here)
- Carlson v. State, 911 So. 2d 234 (Fla. 2d DCA 2005) (departure must be justified and supported by evidence)
- Quintanal v. State, 791 So. 2d 23 (Fla. 3d DCA 2001) (cooperation grounds must be credible and linked to outcomes)