RONALD EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ronald Edwards was convicted of possession of a firearm by a convicted felon and sentenced to fifteen years, well above the guideline range of 2.5 to 3.5 years. The appellate court reversed the sentence because the trial court relied on improper aggravating factors to justify the departure, including consideration of unconvicted crimes and alleged perjury.
The sentence must be reversed and remanded for resentencing within the presumptive guideline range because the trial court relied on improper aggravating factors: consideration of a prior armed robbery conviction to add points, speculation about unconvicted crimes Edwards might have been contemplating, treatment of Edwards' alleged false statements as evidence of perjury, and conclusory labeling as a 'career criminal' without factual basis.
[1] A trial court may not enhance a sentence beyond the recommended guidelines range by using a prior conviction that has already been accounted for in the guidelines.
[2] A trial court may not depart from sentencing guidelines based on speculation that a defendant was contemplating an illegal act.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Use of a prior conviction to enhance a sentence evades the guidelines' stated purpose of establishing uniformity in sentencing and is improper.”
Establishes that relying on prior convictions as aggravating factors violates sentencing guidelines principles
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Join FLexlaw to unlock all legal intelligenceEdwards was apprehended early one morning sitting in a car parked next to a convenience store. The car contained two guns and live rounds. Edwards cla…
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FRANK, Judge.
The appellant, Ronald Edwards, was charged with and found guilty of possession of a firearm by a convicted felon. Although the recommended sentence under the sentencing guidelines was two and one-half to three and one-half years of incarceration, the trial court chose to enhance Edwards’ sentence beyond the recommended range and sentenced him to a prison term of fifteen years. Edwards challenges the adequacy of the written reasons underlying departure. We reverse the sentence.
In his statement of aggravating reasons, the trial court concluded that the guidelines did not assess sufficient points for Edwards’ prior conviction for armed robbery with a butcher knife. Use of a prior conviction to enhance a sentence evades the guidelines’ stated purpose of establishing uniformity in sentencing and is improper. Hendrix v. State, 475 So. 2d 1218 (Fla.1985).
Edwards had been apprehended quite early one morning while he was sitting in a car backed in next to a convenience store. The trial court examined the circumstances of the offense and included the following observations in his reasons for departure:
The defendant was in the darkened area of a convenience store parking lot in the small hours of the night with another convicted felon with two guns and live rounds in the car. It is impossible to determine if he was contemplating another armed robbery, but no justification whatsoever has been advanced for the possession of these weapons. Further, the defendant's statement that he was unaware that the gun was in the car is an obvious falsehood.
Simply because Edwards could not or would not advance a “lawful” justification for possession of a firearm, the trial court essentially concluded that he was on the verge of committing some illegal act. Consideration of crimes for which no convictions have been obtained is improper. Banzo v. State, 464 So. 2d 620 (Fla. 2d DCA 1985). Similarly, departure grounded upon the belief that Edwards lied at trial, and hence committed the crime of perjury, is equally improper. Sloan v. State, 472 So. 2d 488 (Fla. 2d DCA 1985). Finally, the trial court labelled Edwards a “career criminal” without offering any subsidiary factual basis for that conclusion.
Because the trial court relied upon impermissible grounds for departure, we affirm the defendant’s conviction but reverse the sentence and remand to the trial court for resentencing within the presumptive range prescribed by the guidelines.
SCHEB, A.C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fabelo v. State, 488 So. 2d 915 (Fla. 2d DCA 1986)…482 So. 2d 603 (Fla. 5th DCA 1986); Clark v. State, 481 So. 2d 994 (Fla. 5th DCA 1986). Since all of the court’s reasons for departure are invalid, we vacate appellant’s sentences and remand for resentencing within the guidelines. Edwards v. State, 482 So. 2d 553 (Fla. 2d DCA 1986). We note that no scoresheet appears in the record on appeal. On remand, the court shall ensure that a proper scoresheet has been prepared so that the court may sentence appellant within the appropriate recommended range. GRIMES,…
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Bogan v. State, 489 So. 2d 157 (Fla. 2d DCA 1986)…ure from the guidelines. See Neal v. State, 487 So. 2d 367 (Fla.2d DCA 1986). Similarly, the appellant’s asserted perjury at trial, without subsequent conviction, and the appellant’s past record of convictions, are invalid reasons. Edwards v. State, 482 So. 2d 553 (Fla.2d DCA 1986). Accordingly, the appellant’s sentence is vacated and the matter is remanded for resentencing. DANAHY, A.C.J., and LEHAN, J., concur.…
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Scott v. State, 488 So. 2d 146 (Fla. 3d DCA 1986)…ends that reason three is valid because it is based upon Scott’s perjury at trial. If reason three is indeed grounded in the fact that the trial court believed Scott had been untruthful, it is still an improper basis for departure. Edwards v. State, 482 So. 2d 553 (Fla. 2d DCA 1986); see also Beauvais v. State, 475 So. 2d 1342 (Fla. 3d DCA 1985) (though a finding that a defendant was untruthful at trial is clear and convincing, it is an invalid reason for departure). Finding that, at a minimum, four of the t…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Sloan v. State, 472 So. 2d 488 (Fla. 2d DCA 1985)
- Banzo v. State, 464 So. 2d 620 (Fla. 2d DCA 1985)