JOSEPH EDWARD FOWLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant Fowler appealed his sentence for Battery on a Law Enforcement Officer, arguing the trial court imposed a sentence exceeding the guideline recommendation without sufficient justification. The appellate court found the trial court's reasons for departure inadequate under Hendrix v. State and quashed the sentence.
No. The trial court's reasons for departure were wholly insufficient and insubstantial under Hendrix v. State. The sentence was quashed and remanded for resentencing in accordance with the guidelines.
[1] A trial court's reasons for departing from a recommended guideline sentence must be substantial and legally sufficient.
[2] A defendant's extensive prior criminal history, including numerous felony convictions, may support a departure sentence.
Previewing 2 of 5 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“The reasons for departure are wholly insufficient and require another reversal of a departure sentence.”
Establishes the court's conclusion that the trial court lacked adequate justification for departing from guideline sentencing
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFowler had a criminal history spanning over 20 years, including felony convictions in 1965 and 1967, followed by multiple criminal justice encounters.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Aggravating Factors In Sentencing cases and more on FLexlaw
DAUKSCH, Judge.
Appellant appeals his sentence because the trial court exceeded the recommended guideline sentence. The reasons for departure are wholly insufficient and require another reversal of a departure sentence. The reasons given are as follows:
1. The Defendant’s Presentence Investigation report indicates that his criminal conduct began over 20 years ago; he was convicted in 1965 of 3 felony offenses for which he was incarcerated in the Department of Corrections.
2. In 1967 the Defendant was again convicted of a felony and again placed in prison.
3. From 1967 until 1979, the Defendant had many encounters with the criminal justice system but managed to escape conviction.
4. In 1979, the Defendant was fined for ‘fighting’ incident to charges of Battery and Fighting.
5. In 1980, the Defendant was convicted of Burglary and Grand Theft for which he was given two (2) five year sentences which ran concurrent.
6. In the case at bar the Defendant was convicted of Battery on a Law Enforcement Officer; this conviction brought his total felony convictions to seven. This Court specifically finds that while incarceration may not rehabilitate the Defendant, it is the only effective means of insuring Joseph Fowler will not further proliferate his felonious behavior upon our society for the next five years. His prior record indicates he has not and cannot live in a non-structured environment and a free society without violating the law.
7. The Court also specifically finds that there was absolutely no provocation for the battery and that the act solely arose from the Defendant’s malevolence and criminal antisocial tendencies.
8. Given the Defendant’s numerous prior felony convictions (6), and his unprovoked, factually unmitigated attack upon a law enforcement officer, it is obvious to this Court that the guideline sentence is not appropriate. This Court is compelled for the protection of society to institutionalize Joseph Fowler for a term in excess of that provided by the guidelines. Accordingly, this Court has imposed a sentence of 5 years in the Department of Corrections.
These reasons are insubstantial because Hendrix v. State, 475 So. 2d 1218 (Fla.1985) so holds.
The sentence is quashed and this cause remanded for resentencing in accordance with the guidelines.
REVERSED and REMANDED.
UPCHURCH, and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 484 So. 2d 71 (Fla. 1st DCA 1986)…ears prior to the commission of the instant offense. Under Weems v. State, 469 So. 2d 128 (Fla.1985), those juvenile offenses could properly be relied upon as a clear and convincing reason for departure from the guidelines. See also Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986.) But, perhaps more important, we view the trial judge’s narrative of this defendant’s frequent contacts with the criminal justice system as something substantially more than a mere reference to the defendant’s prior criminal rec…
-
Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986)…In cases where the sentencing judge has departed for reasons similar to the determining factors under the habitual offender act (though not under that act), those reasons have been found to be impermissible under Hendrix. See, e.g., Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986) (the fact that trial court was compelled, "for the protection of society,” to institutionalize defendant for a term in excess of that provided by the guidelines is insubstantial reason because Hendrix so holds); Casteel v. State,…
-
Holden v. State, 487 So. 2d 1199 (Fla. 5th DCA 1986)…t this particular defendant’s conduct poses a threat to society, this reason is invalid because it is factually based on Holden’s prior convictions and on the current conviction. Tillman v. State, 482 So. 2d 603 (Fla. 5th DCA 1986); Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986); Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986), Pilgrim v. State, 480 So. 2d 688 (Fla. 5th DCA 1985). [*1202] Since none of the three reasons provides a valid basis for departure, the sentence is vacated and remanded for re…
Previewing 3 of 9 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)