STATE OF FLORIDA, PETITIONER, CROSS-RESPONDENT,
v.
HERMAN JOHNSON, JR., RESPONDENT, CROSS-PETITIONER
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Florida Supreme Court affirmed the district court's requirement that trial courts provide written reasons for departing from guideline sentences, but reversed on the standard of review for the extent of departure, holding that abuse of discretion is the proper standard.
A trial court must provide written reasons for departing from the recommended guideline sentence, and the proper standard of review for the extent of departure is whether the judge abused his judicial discretion.
[1] A trial court must provide written reasons when departing from the recommended guideline sentence.
[2] The proper standard of review for the extent of departure from a guideline sentence is whether the judge abused his judicial discretion.
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Join FLexlaw to unlock all legal intelligenceHerman Johnson, Jr. was convicted and sentenced for armed robbery of a Winn Dixie store. The trial court departed from the recommended sentence withou…
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McDonald, justice.
On appeal from his conviction and sentence for armed robbery of a Winn Dixie store, the district court vacated Johnson’s sentence and remanded for resentencing because the trial court failed to provide written reasons for departing from the recommended sentence. Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984).* We recently held that reasons for departure must be in writing, State v. Jackson, 478 So. 2d 1054 (Fla.1985), and approve the portion of the district court opinion dealing with this point. The district court also held that a defendant’s affirmative selection to be sentenced under the guidelines does not require advisement as to parole eligibility. Again, the district court’s holding is in accordance with a recent opinion of this Court (Cochran v. State, 476 So. 2d 207 (Fla.1985)), and we also approve that portion of Johnson. We disapprove that portion of the district court’s opinion regarding the extent of departure from the presumptive guideline sentence based on our holding in Albritton v. State, 476 So. 2d 158 (Fla.1985), that the proper standard of review for the extent of departure is whether a judge abused his judicial discretion.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, EHRLICH and SHAW, JJ., concur. *
We have conflict jurisdiction pursuant to art. V, § 3(b)(3), Fla. Const.
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Citator
Cited By
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Hall v. State, 503 So. 2d 1370 (Fla. 4th DCA 1987)…d properly aggravate for the reason that there were several persons in the immediate area whose safety was put at risk. In Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984), approved in part on other grounds, disapproved in part on other grounds, 486 So. 2d 536 (Fla.1986), relied on by the trial judge in this case, the defendant was sentenced for robbery with a firearm. Aggravation of the sentence was upheld due to the defendant’s disregard for the welfare and safety of others. Three persons, other than th…
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Walker v. State, 508 So. 2d 407 (Fla. 5th DCA 1987)…juries, taken together and measured in economic terms, appears to be a valid basis to depart upwards. Seastrand v. State, 474 So. 2d 908 (Fla. 5th DCA 1985); Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984), approved in part, disapproved in part, 486 So. 2d 536 (Fla.1986) (valid departure where multiple victims and large amounts involved); Mitchell v. State, 458 So. 2d 10 (Fla. 1st DCA 1984), review denied, 464 So. 2d 556 (Fla.1985), disapproved other grounds, State v. Whitfield, 487 So. 2d 1045 (Fla.1986)…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984)
- Cochran v. State, 476 So. 2d 207 (Fla. 1985)