Supreme Court of Florida

Darrick L. McFadden, Petitioner v. State of Florida, Respondent

October 29, 201540 Fla. L. Weekly Supp. 591

Summary

The Court held that an order denying a motion to reduce or suspend a sentence under the substantial-assistance statute is an appealable final order, rejecting both the categorical bar to review and the limitation that review depends on alleging statutory misapplication. Applying abuse-of-discretion review, the Court determined that the trial court improperly questioned whether substantial assistance had been provided, speculated about a future withdrawal of the codefendant’s plea, considered the defendant’s prior failure to assist, and expressed hostility toward the statute. The Court quashed the decision below, disapproved the contrary appellate decision, and remanded for further proceedings.