CONCHA v. STATE

No. 4D16-2046.

225 So.3d 390 (2017)

Victor H. CONCHA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 16, 2017.


Attorney(s) appearing for the Case

Vincent James Benincasa of the Benincasa Law Firm, P.A., Vero Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allen R. Geesey , Assistant Attorney General, West Palm Beach, for appellee.


Victor Concha appeals his sentence for ten counts of possession of child pornography. Concha argues that the trial judge committed fundamental error when he implied that he would not, as a general policy, consider Concha's mental health needs as a basis for downward departure. We reverse and remand for resentencing before a different judge...

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