Editing Appellate court Overturns Trial Court's Downward Departure in DUI

State vs. Montanez The District Court of Appeal reversed the trial court's order granting defendant downward departures in his sentencing in 2 DUI matters.

The Appellate Court agreed with the state's argument that competent, substantial evidence didn't provide the circuit court's a basis for the downward departure sentences. The defendant was charged with a third DUI within ten years of his second DUI conviction and for a refusal to submit to breath, blood or urine testing. Close to nine months after his third DUI arrest, the defendant was arrested for a fourth DUI, aggravated fleeing & eluding, refusing to submit to testing, and driving while license suspended. The trial court, after acknowledging that the defendant scored a minimum prison sentence of 12.45 months incarceration in state prison, extended a plea offer from the bench to impose a downward departure from the sentencing guidelines if defendant pled to all of his remaining charges, which included his 4th DUI.  After hearing testimony on behalf of the defendant, the lower court reasoned as follows:  

The circuit court conducted an evidentiary hearing regarding the defendant's third DUI charge and heard sworn testimony from the defendant's family, which included defendant's sister.  The trial court found defendant's sister to be an extremely credible witness, who was able to provide important details into defendant's present-day family matters.  The trial court found that the defendant's pending separation and divorce should be considered mitigating factors because of to the severe emotional stress that the issues were causing defendant & his family unit.  The trial court explicitly noted how the extended family law difficulties had been impacting on defendant, defendant's family and the defendant's children.  The circuit court held that defendant had turned to substance abuse in an effort to to deal with the ongoing stress in his daily life. In reaching the choice to order a downward departure sentence, the court noted that nobody had been hurt in either of defendant's arrests.  The state appealed the trial court's sentence, on  the basis that the judge's ruling was an improper downward departure from the sentencing guidelines, and that there wasn't competent, substantial evidence to sustain the downward departure from the sentencing guidelines. The appellate court concurred with the state's argument, mentioning that no testimony offered by any witness confirmed that defendant's turbulent private life made him more prone to substance abuse.

For more information concerning  [http://wordpress-sitebuilder.com/story.php?title=fourth-district-court-of-appeal-reverses-circuit-courts-downward-departure-in-dui  Criminal Attorney Miami FL ]