State v. Amodeo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that record \utterly fail[ed] to support the reasons given for the departure sentence\ where \[n]o testimony was given under oath by anyone\
• holding that in the absence of testimony or a showing of the need for restitution by the burglary victims or evidence that defendant would be able to provide restitution if spared a longer sentence, downward departure based on the need for restitution is improper
• holding that in the absence of testimony or a showing of the need for restitution by the burglary victims or evidence that the defendant would be able to provide restitution if spared a longer sentence, the downward departure based on the need for restitution is improper
• noting: “The trial judge also abruptly cut off the State Attorney’s effort to make an objection, thereby jeopardizing the state’s ability to appeal this issue. In these circumstances, we will permit the state to raise this issue”
• noting: “The trial judge also abruptly cut off the State Attorney’s effort to make an objection, thereby jeopardizing the state’s ability to appeal this issue. In these circumstances, we will permit the state to raise this issue”
• failure to provide written reasons justifying a downward departure is not fatal if the trial judge orally pronounces valid reasons for departure at the time of sentencing

Source: CourtListener parenthetical corpus (CC0).