[DOWNLOAD] "State v. Walker" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: State v. Walker
- Author : Supreme Court of Illinois
- Release Date : January 29, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The State appeals a downward departure sentence imposed by the trial court. On appeal, the State argues that three points mandate reversal. First, the reason provided by the trial court, in support of the downward departure, was legally invalid and cannot support a departure sentence. Second, even if the reason provided by the trial court was valid, it was not supported by competent substantial evidence. Third, the trial court erred in failing to provide written reasons for the departure, as required by Florida Rule of Criminal Procedure 3.701(d)(11) and section 921.001(6), Florida Statutes. We find merit in the States first argument. Accordingly, we reverse and vacate the sentence imposed by the trial court, and remand for re-sentencing. In light of our reversal on this ground, the States other arguments on appeal will not be addressed.
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