White v. State
White appealed his sentence after pleading guilty to leaving the scene of an accident involving death, arguing the trial court erred in denying his motion for a downward departure. The Second DCA held the trial court failed to apply the proper two-step Banks test for downward departure motions, and reversed and remanded for resentencing before a different judge. The court also addressed and resolved in White's favor a jurisdictional challenge, noting the pending Florida Supreme Court review of Wilson v. State on whether a defendant may appeal denial of downward departure after a plea, and following Second DCA precedent allowing the appeal pending that decision.
Key facts
- White pleaded guilty to leaving the scene of an accident involving death and was sentenced by the trial court.
- White moved for a downward departure from his sentence, arguing the trial court should depart below the guidelines.
- +2 more key facts with a free trial
Why it matters
This opinion is useful to practitioners handling downward departure motions because it reiterates the mandatory two-step Banks framework and reverses where a trial court merely parrots statutory language without… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.