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State v. Fleming

District Court of Appeal of Florida, Fourth District
Dec 1, 1999
751 So. 2d 620 (Fla. Dist. Ct. App. 1999)

Summary

finding competent substantial evidence to support that the crime of purchasing cannabis was committed in an unsophisticated manner where the defendant knocked on the apartment door where the police were conducting a search of an apartment, asked to speak to a particular person, and after being told that the person he was seeking was not there, purchased drugs from the police

Summary of this case from State v. Salgado

Opinion

No. 99-0924.

Opinion filed December 1, 1999.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Susan Lebow, Judge; L.T. No. 98-16188CF10A.

Robert A. Butterworth, Attorney General, Tallahassee, and Darien M. Doe, Assistant Attorney General, Ft. Lauderdale, for appellant.

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Assistant Public Defender, West Palm Beach, for appellee.


The state appeals a downward departure sentence based on the ground that the offense was committed in an unsophisticated manner and was an isolated incident for which defendant showed remorse. Section 921.0016(4)(j), Florida Statutes (1997).

Appellee was charged with purchasing cannabis. The issue which concerns us is whether a purchase of drugs can be committed in an "unsophisticated manner." The word "unsophisticated" is generally defined in the dictionaries we have looked at as being the opposite of sophisticated. One of the definitions of sophisticated is "having acquired worldly knowledge or refinement; lacking natural simplicity or naiveté." American Heritage Dictionary of the English Language (1981).

Appellee relies on State v. Merritt, 714 So.2d 1153 (Fla. 5th DCA 1998), in which a downward departure was given on the same ground as the ground in the present case, where the defendant was sentenced for committing a lewd and lascivious or indecent act on a fifteen year old victim. After acknowledging that the words used in the guidelines, including "unsophisticated," should be construed liberally in favor of the defendant, the fifth district affirmed the departure, explaining that the defendant's "acts were artless, simple and not refined." Id. at 1154 n. 3.

In the present case the evidence showed that, as the police were executing a warranted search of an apartment, the defendant knocked on the door and asked to speak to "Alfred." When he was told that Alfred wasn't there he stated, "I only have fifteen dollars for three sacks," and was sold the drug.

Under Banks v. State, 732 So.2d 1065 (Fla. 1999), our standard of review is to determine whether there is competent substantial evidence to support the trial court's finding that this crime was committed in an unsophisticated manner. Construing "unsophisticated" liberally in favor of the defendant, as we are bound to do under our rule of lenity, section 775.021(1), Florida Statutes, we conclude that there was competent substantial evidence to support the trial court's finding. The evidence also supports the two other necessary elements of this one ground for departure, that this was an isolated incident for which appellee showed remorse.

Affirmed.

FARMER and HAZOURI, JJ., concur.


Summaries of

State v. Fleming

District Court of Appeal of Florida, Fourth District
Dec 1, 1999
751 So. 2d 620 (Fla. Dist. Ct. App. 1999)

finding competent substantial evidence to support that the crime of purchasing cannabis was committed in an unsophisticated manner where the defendant knocked on the apartment door where the police were conducting a search of an apartment, asked to speak to a particular person, and after being told that the person he was seeking was not there, purchased drugs from the police

Summary of this case from State v. Salgado

In Fleming, the fourth district found that where a defendant who came to a residence and asked to buy drugs while police were executing a search warrant at the same residence, the evidence supported the lower court's finding that the defendant's acts were unsophisticated. 751 So.2d at 621.

Summary of this case from State v. Fureman

In State v. Fleming, 751 So.2d 620 (Fla. 4th DCA 1999), this court examined "unsophisticated" in the context of a departure sentence under section 921.0016(4)(j), Florida Statutes.

Summary of this case from State v. Baksh
Case details for

State v. Fleming

Case Details

Full title:STATE OF FLORIDA, Appellant, v. TIMOTHY FLEMING, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 1, 1999

Citations

751 So. 2d 620 (Fla. Dist. Ct. App. 1999)

Citing Cases

State v. Salgado

Cases generally define "unsophisticated" as the opposite of "sophisticated," which in turn is defined as…

State v. Fureman

State v. Merritt, 714 So.2d 1153, 1154 n. 3 (Fla. 5th DCA 1998). The facts in State v. Fleming, 751 So.2d…