FUSS v. STATE

No. 4D17-327.

240 So.3d 777 (2018)

Jordan FUSS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 4, 2018.


Attorney(s) appearing for the Case

Patrick J. Curry , Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Alexandra A. Folley , Assistant Attorney General, West Palm Beach, for appellee.


The defendant appeals his sentence of 14.625 years, arguing that the trial court erred by denying his motion for downward departure under section 921.0026(2)(j), Florida Statutes (2014), and specifically challenging the trial court's finding that, by a preponderance of the evidence, the incident was not isolated.

"Whether an incident...

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