Case Summary
The Florida appellate court reversed Avery's reduced sentence. The mitigation evidence presented, which included alcohol use and purported PTSD, lacked the requisite corroboration through formal diagnostic evaluations or demonstrable treatment plans. Consequently, the trial court's downward departure from sentencing guidelines was deemed procedurally improper due to an insufficient evidentiary basis.
Case Summary
The Florida appellate court overturned Avery's reduced sentence. The court found insufficient evidence to support the sentencing departure. Specifically, the lack of formal diagnoses for alcohol use and PTSD, and the absence of demonstrable treatment needs, invalidated the trial court's rationale.
Florida Case: Avery's Sentence Overturned
The Florida court reversed Avery's reduced prison sentence. The court found insufficient evidence to support the reduction. Avery's claims of alcohol use and PTSD lacked formal diagnoses and proof he needed treatment. Therefore, the trial court lacked justification for a shorter sentence.
Summary
The judge changed Avery's shorter prison sentence back to the longer one. He said there wasn't enough proof that Avery's alcohol problem or PTSD needed special consideration. The first judge didn't have a good reason to give him a shorter sentence.