(Download) "Equity Residential Properties Trust v. Yates" by District Court of Appeal of the State of Florida Fourth District July Term 2005 " eBook PDF Kindle ePub Free
eBook details
- Title: Equity Residential Properties Trust v. Yates
- Author : District Court of Appeal of the State of Florida Fourth District July Term 2005
- Release Date : January 21, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The State of Florida appeals the downward departure sentence imposed on Malik G. Stephenson after he pled no contest to aggravated fleeing and eluding in violation of section 316.1935(3), Florida Statutes (2006), and one count of resisting an officer without violence, in violation of section 843.02, Florida Statutes (2006). The trial court determined that a downward departure sentence was appropriate because Mr. Stephenson (1) expressed remorse for his crimes; (2) had several family members dependent upon him for support; and (3) had not reoffended during the fourteen-month period since being released from prison. The State argues that the departure grounds relied on by the trial court were either legally insufficient or factually unsupported, and consequently, the downward departure sentence was error. We agree and reverse.
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