State v. Molina, 600 So. 2d 41

PER CURIAM.

This case is controlled by State v. Alexander, 591 So.2d 1029 (Fla. 3d DCA 1991), where we held on similar facts that a finding by a trial judge that a defendant is “motivated to treatment” as a mentally disordered sex offender, unlike a strong motivation for rehabilitation, is an insufficient reason to support a downward departure from the guideline sentence.

Accordingly, we vacate the sentence entered and remand for further proceedings where the defendant shall be sentenced within the guidelines or be given an opportunity to withdraw his plea and go to trial.

Reversed and remanded.

Case Details

Case Name: State v. Molina

Court Name: District Court of Appeal of Florida

Date Published: Jun 16, 1992

Citations: 600 So. 2d 41; 1992 Fla. App. LEXIS 6848; 1992 WL 131864; No. 91-2285

Docket Number: No. 91-2285

Court Abbreviation: Fla. Dist. Ct. App.