District Court of Appeal of Florida July 6, 2011, No. 4D09-2533 (State v. Hunter)

lead-opinion

PER CURIAM.

The state appeals a downward departure sentence granted by the trial court because of the defendant’s medical condition. It claims that competent substantial evidence did not support the trial court’s decision to depart, because the defendant proved neither amenability to treatment nor that treatment was unavailable in the prison system. We disagree and affirm.