KOVALSKY v. STATE

No. 4D15-3916.

220 So.3d 1192 (2017)

Brian KOVALSKY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 31, 2017.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Virginia Murphy , Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jessenia J. Concepcion , Assistant Attorney General, West Palm Beach, for appellee.


Appellant Brian Kovalsky appeals the denial of his motion for downward departure. He argues the trial court failed to recognize that he had a valid legal basis meriting consideration of his departure motion — a qualifying mental illness. For the reasons explained herein, we reverse the trial court's denial of Appellant's motion...

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