ARTHUR WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A departure sentence is invalid if not supported by written reasons articulated by the trial court.
Appellant was sentenced for possession of a controlled substance with intent to sell. The trial judge stated he was following the state's recommendati…
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UPCHURCH, Judge.
This is an appeal from a sentence imposed for possession of a controlled substance with intent to sell. Appellant contends that the departure sentence was invalid because it was not supported by written reasons as required under State v. Jackson, 478 So. 2d 1054 (Fla.1985). We agree.
At sentencing the trial judge stated that he was following the state’s recommendations for departure. On the scoresheet under “Reasons for Departure,” the trial judge merely indicated that the state was to provide an addendum to the scoresheet setting forth reasons for aggravation. This is not sufficient. The trial court cannot delegate its responsibility of formulating reasons for departure to the state. Carnegie v. State, 473 So. 2d 782 (Fla. 2d DCA 1985).
The state’s arguments in support of departure are without merit. Since the trial court has not provided valid written reasons to support a departure, the sentence is reversed.
REVERSED and REMANDED for re-sentencing.
SHARP and COWART, JJ., concur.
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Barbera v. State, 505 So. 2d 413 (Fla. 1987)…ns for departure is “a function committed exclusively to the judiciary.” Johnson v. State, 483 So. 2d 839, 839 (Fla. 2d DCA 1986). That function must be performed by the trial judge and cannot be delegated to others. See id. at 840; Wilson v. State, 485 So. 2d 42 (Fla. 5th DCA 19 Although the trial judge appears to have given Barbera’s sentencing a thoughtful consideration, he accepted someone else’s reasons for departure and did not, himself, express those reasons in an appropriate manner. Presumably, the…
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Sanchez v. State, 541 So. 2d 1140 (Fla. 1989)…McDonald, justice. We review Sanchez v. State, 524 So. 2d 704 (Fla. 4th DCA 1988), because of conflict with Thompson v. State, 485 So. 2d 42 (Fla. 1st DCA 1986), on “whether an adjudication of guilt, imposed in conjunction with a probation sentence, may be vacated after 60 days incident to the authority of the sentencing court regarding the probation supervision.” 524 So. 2d at 704. We h…
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Sanchez v. State, 524 So. 2d 704 (Fla. 4th DCA 1988)…e the adjudication. The trial court granted early termination of the term, but denied the motion to vacate the adjudication of guilt. Affirmed. See State v. Beardsley, 464 So. 2d 188 (Fla. 4th DCA 1985). We certify conflict with Thompson v. State, 485 So. 2d 42 (Fla. 1st DCA 1986), as to whether an adjudication of guilt, imposed in conjunction with a probation sentence, may be vacated after 60 days incident to the authority of the sentencing court regarding the probation supervision. GLICKSTEIN and STONE…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Carnegie v. State, 473 So. 2d 782 (Fla. 2d DCA 1985)