STATE v. WASHINGTON

No. 4D10-4189.

84 So.3d 1265 (2012)

STATE of Florida, Appellant, v. Michael WASHINGTON, Appellee.

District Court of Appeal of Florida, Fourth District.

April 18, 2012.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Helene C. Hvizd , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and John Pauly , Assistant Public Defender, West Palm Beach, for appellee.


DAMOORGIAN, J.

The State of Florida appeals the trial court's final order granting Michael Washington's motion for a downward departure sentence. Washington sought a departure sentence based on, inter alia, his need for adequate mental health treatment. On appeal, the State argues that Washington did not meet his burden to establish that the treatment he required was not available from the Department of Corrections ("DOC"). In our recent opinion in State v. Chubbuck...

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