TERRY LEE HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial judge may not depart from sentencing guidelines based on prior convictions already factored into the recommended sentence, nor satisfy the written statement requirement by dictating reasons into the record.
Appellant was sentenced to prison and probation, departing from the recommended guidelines sentence. The court cited appellant's conduct and prior con…
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DAUKSCH, Judge.
This is an appeal from a guidelines sentence. Although the guidelines recommended sentence for appellant was any non-state prison sanction, the court sentenced him to a term of four years in prison followed by a period of seven years on probation for burglary, and imposed a consecutive five year period of probation for aggravated assault.
The court dictated its reasons for the departure into the record. The court stated it was departing from the guidelines because appellant’s conduct during the commission of the instant offenses, and his three prior convictions indicate a propensity for violence which makes him a danger to the community.
We vacate the sentences and remand the ease to the lower court for resentencing. In Hendrix v. State, 475 So. 2d 1218 (Fla. 1985), our high court held that a trial judge may not base a departure from the guidelines upon prior convictions which were factored in the computation of the recommended sentence. More recently, the supreme court held in State v. Jackson, 478 So. 2d 1054 (Fla.1985) that a trial judge does not satisfy rule 3.701(d)(ll)’s requirement of a written statement delineating the reasons for departure when it dictates its reasons into the record for transcription. We remand for resentencing in accordance with the dictates of Hendrix and Jackson.
Sentences VACATED; REMANDED.
ORFINGER and COWART, JJ., concur.
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Citator
Cited By
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Keen v. State, 481 So. 2d 1274 (Fla. 5th DCA 1986)…lowing post-Hendrix/Albritton cases from this court reversing departure sentences based on the defendant’s prior criminal record: DeVane v. State, 479 So. 2d 137 (Fla. 5th DCA 1985); Cord v. State, 478 So. 2d 1191 (Fla. 5th DCA 1985); Hall v. State, 478 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. State, 477 So. 2d 58 (Fla. 5th DCA 1985); Holt v. State, 477 So. 2d 59 (Fla. 5th DCA 1985).…
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Hall v. State, 495 So. 2d 194 (Fla. 5th DCA 1986)…desire to waive the presence of counsel, the court must first make the appropriate inquiry to determine that the waiver is knowingly and intelligently made. REVERSED and REMANDED for re-sentencing. COBB and SHARP, JJ., concur. . In Hall v. State, 478 So. 2d 519 (Fla. 5th DCA 1985) we reversed the sentence because the reasons for departure from the recommended sentence were not stated in writing and impermissi-bly relied on prior convictions. . Sentencing is a critical stage of the criminal process. Brown…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)