5D07-3985 State v. Benjamin Knox

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Florida Fifth District Court » 2008 » 5D07-3985 State v. Benjamin Knox

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-3985

Case Date: 09/08/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008

STATE OF FLORIDA, Appellant, v. BENJAMIN FRANKLIN KNOX, Appellee. ________________________________/ Opinion filed September 12, 2008 Appeal from the Circuit Court for Volusia County, James R. Clayton, Judge. Bill McCollum, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellant. James S. Purdy, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellee. EVANDER, J. The State appeals a downward departure sentence imposed on Knox after he pled nolo contendere to an attempted first degree murder charge. Because the grounds for departure stated by the trial court were either legally insufficient or factually unsupported, we reverse. Case No. 5D07-3985

The record reflects that the victim, Michele Marks, was Knox's ex-girlfriend and the mother of his five-year-old son. On the day in question, Marks had called Knox to ask him to take the child to school. Knox refused and therefore Marks left the residence to borrow her aunt's car. When she returned home, Marks saw that her front door had been kicked in and Knox was standing in her yard. After a verbal confrontation, Knox began to chase Marks. Knox's brother, who had just arrived on the scene,

unsuccessfully attempted to restrain Knox. Knox eventually picked up a six-inch kitchen knife and stabbed Marks four times in the back. At the time that she was stabbed, Marks was holding the parties' son. After the stabbing, Knox's brother took Marks to the hospital. Knox went to his mother's house and called the police. When the police arrived, Knox admitted to his criminal actions. Knox was arrested and subsequently charged with one count of

attempted first degree murder, child abuse, and burglary of a dwelling. He later entered an open plea to the court solely on the count of attempted first degree murder. In return, the State nolle prossed the other two charges. At the sentencing hearing, both Knox and Marks testified that the attack resulted from Knox's drug problem. Knox related that he had not been "in my right state of mind. . . [because] that's how much I was on drugs at that time." Marks told the judge that she loved Knox and that he was in need of substance abuse treatment. She also believed that incarcerating Knox would punish her son as well as Knox's other two children. There was also evidence that Knox was receiving social security disability, although the testimony concerning the basis for disability payments was conflicting. Marks testified that Knox received social security disability because of his "crippled" hand. Knox's

2

niece testified that Knox's disability was based on his high blood pressure, while Knox testified he received social security disability because "his hand was bending up on him" and also for "mentally." The prosecutor observed that Knox had an extensive criminal record

Download 5D07-3985 State v. Benjamin Knox.pdf