ROBERT LEATH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robert Leath appeals his conviction for attempted robbery and carrying a concealed weapon, challenging only his twelve-year sentence. The Fourth District Court of Appeal reverses and remands because the trial court failed to state clear and convincing written reasons for departing from sentencing guidelines and improperly imposed costs on an indigent defendant.
The trial court failed to properly depart from sentencing guidelines because it relied on both valid grounds (lack of capacity for rehabilitation) and invalid grounds (lack of remorse), requiring resentencing. Additionally, costs cannot be imposed on an indigent defendant.
[1] A trial court must state in writing clear and convincing reasons for departing from sentencing guidelines.
[2] A trial court's written reasons for departing from sentencing guidelines must be attached to the scoresheet.
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Join FLexlaw to unlock all legal intelligence“Some of those grounds constitute valid reasons for departure, such as the appellant's lack of capacity for rehabilitation, Dorado v. State, 482 So. 2d 561 (Fla. 2d DCA Feb. 5, 1986), and others do not, such as lack of remorse (which the state concedes is an invalid reason here), State v. Mischler, 488 So. 2d 523 (Fla.1986), thus requiring a new sentencing hearing under Albritton v. State, 476 So. 2d 158 (Fla.1985).”
Establishes that trial court mixed valid and invalid reasons for sentencing departure, requiring reversal
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Join FLexlaw to unlock all legal intelligenceLeath was convicted of attempted robbery and carrying a concealed weapon and sentenced to twelve years imprisonment. The trial court departed from the…
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DOWNEY, Judge.
From a judgment of conviction of attempted robbery and carrying a concealed weapon and a sentence of twelve years’ imprisonment, Leath appeals the sentence only, contending 1) the trial court failed to state in writing clear and convincing reasons for departing from the sentencing guidelines and 2) the court erred in imposing costs upon appellant, who had been adjudicated insolvent.
The state attorney had filed a written motion for aggravation setting forth five grounds therefor, together with citations of authority. The trial judge referred to the grounds set forth in said motion as the reasons for his departure from the guidelines. Some of those grounds constitute valid reasons for departure, such as the appellant’s lack of capacity for rehabilitation, Dorado v. State, 482 So. 2d 561 (Fla. 2d DCA Feb. 5, 1986), and others do not, such as lack of remorse (which the state concedes is an invalid reason here), State v. Mischler, 488 So. 2d 523 (Fla.1986), thus requiring a new sentencing hearing under Albritton v. State, 476 So. 2d 158 (Fla.1985).
Since it is necessary to reverse and remand this case, if the trial judge concludes he should depart from the sentencing guidelines, we believe he should state his reasons in writing and attach them to the scoresheet as provided in Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985) (en banc), approved by the Supreme Court of Florida in State v. Jackson, 478 So. 2d 1054 (Fla.1985), and Boynton v. State, 478 So. 2d 351 (Fla.1985).
Furthermore, the imposition of costs is inappropriate due to appellant’s indigency, thus the form provision assessing costs should be eliminated therefrom.
REVERSED AND REMANDED, with directions.
WALDEN and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Ashley v. State, 510 So. 2d 970 (Fla. 5th DCA 1987)…amenability to rehabilitation and his escalating pattern of criminal conduct. See Keys v. State, 500 So. 2d 134 (Fla.1986); Allen v. State, 12 FLW 1055 (Fla. 4th DCA June IT, 1987); McNealy v. State, 502 So. 2d 54 (Fla. 2d DCA 1987); heath v. State, 487 So. 2d 384 (Fla. 4th DCA 1986); Lee v. State, 486 So. 2d 709 (Fla. 5th DCA 1986); Keen v. State, 481 So. 2d 1274 (Fla. 5th DCA 1986). Thus, this case is remanded for the trial court to consider whether it would depart from the recommended guidelines sentence r…
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Lucio John Salas v. State, 544 So. 2d 1040 (Fla. 4th DCA 1989)…ate, 530 So. 2d 1085 (Fla. 4th DCA 1988); McMillan v. State, 516 So. 2d 1064 (Fla. 4th DCA 1987), review denied, 525 So. 2d 879 (Fla.1988); Allen v. State, 522 So. 2d 850 (Fla. 4th DCA), review denied, 518 So. 2d 1273 (Fla.1987); and Leath v. State, 487 So. 2d 384 (Fla. 4th DCA 1986). We acknowledge that these decisions conflict with the decisions rendered in Baker v. State, 493 So. 2d 515 (Fla. 1st DCA 1986); Bradley v. State, 509 So. 2d 1137 (Fla. 2d DCA 1987) and Washington v. State, 501 So. 2d 133 (Fla. 2…
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Robinson v. State, 530 So. 2d 1085 (Fla. 4th DCA 1988)…ie) Williams v. State, 504 So. 2d 392 (Fla.1987); Allen v. State, 522 So. 2d 850 (Fla. 4th DCA), rev. denied, 518 So. 2d 1273 (Fla.1987); McMillan v. State, 516 So. 2d 1064 (Fla. 4th DCA 1987), rev. denied, 525 So. 2d 879 (Fla.1988); Leath v. State, 487 So. 2d 384 (Fla. 4th DCA 1986); Pullens v. State, 516 So. 2d 34 (Fla. 2d DCA 1987); Ashley v. State, 510 So. 2d 970 (Fla. 5th DCA), rev. denied, 519 So. 2d 986 (Fla.1987). Also cf. Jones v. State, 517 So. 2d 121 (Fla. 4th DCA 1987); Larry v. State, 527 So. 2d…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)
- State v. Boynton, 478 So. 2d 351 (Fla. 1985)
- Camilo Dorado v. State, 482 So. 2d 561 (Fla. 2d DCA 1986)