STATE OF FLORIDA, APPELLANT,
v.
RANDY SCHOFF, APPELLEE
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Florida's appeal of a downward departure sentence is affirmed because the trial judge's consideration of the defendant's lack of prior record as a reason for departure is not foreclosed by controlling precedent, and the sentence would have been imposed regardless of any questionable additional reasons.
A trial judge may consider a defendant's lack of prior record as a valid reason for downward departure from sentencing guidelines.
[1] A defendant's lack of prior criminal record may constitute a valid reason for downward departure from sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceThe trial judge sentenced the defendant to two years of community control despite guidelines recommending two and one-half to three and one-half years…
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PER CURIAM.
The state appeals a downward departure sentence.
Citing the defendant’s lack of a prior record as one of his reasons for departure, the trial judge placed the defendant on two years of community control. The guidelines recommended range was two and one-half to three and one-half years imprisonment.
The trial judge gave a number of additional reasons for the downward departure, some of which are questionable. However, we are convinced that the trial judge would have imposed the same sentence even in the absence of the invalid reasons. Therefore, applying the standard of review required by Albritton v. State, 476 So. 2d 158 (Fla.1985), and State v. Young, 476 So. 2d 161 (Fla.1985), we affirm. We write only to express our view that consideration of a defendant’s lack of a prior record as a reason for downward departure is not foreclosed by the opinions of our supreme court in Hendrix v. State, 475 So. 2d 1218 (Fla.1985), and State v. Mis-chler, 488 So. 2d 523 (Fla.1986), or by this court’s opinions in Young v. State, 489 So. 2d 199 (Fla. 2d DCA 1986); Middleton v. State, 489 So. 2d 201 (Fla. 2d DCA 1986); and McCray v. State, 488 So. 2d 912 (Fla. 2d DCA 1986). But see State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986); State v. Holcomb, 481 So. 2d 1263 (Fla. 3d DCA 1986); State v. Caride, 473 So. 2d 1362 (Fla. 3d DCA 1985). See also State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985).
Affirmed.
DANAHY, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. DeMARCO, 495 So. 2d 242 (Fla. 2d DCA 1986)…nsion was a departure, see State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985), we do not conclude that the trial court erred. Among the reasons for the sentence and the suspension thereof was defendant’s lack of a prior record. See State v. Schoff, 490 So. 2d 1040 (Fla. 2d DCA 1986). Contra State v. Sanders, No. 85-2149 (Fla. 4th DCA Aug. 13, 1986) [11 FLW 1783]. Although other reasons which were given for the trial court’s sentencing actions were not entirely sufficient, we are convinced that the trial court…
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State v. Sachs, 507 So. 2d 708 (Fla. 2d DCA 1987)…ten reasons in support of this downward departure. The state’s timely notice of appeal followed. Only one of the trial court’s written reasons for departure was valid, i.e., that de [*709] fendant lacked any prior criminal record. State v. Schoff, 490 So. 2d 1040 (Fla. 2d DCA 1986). We are convinced, however, that the trial court would have imposed the same penalty absent consideration of the invalid reasons. See Albritton v. State, 476 So. 2d 158 (Fla.1985). We, accordingly, affirm the trial court’s judgm…
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State v. Bradford Trice, 509 So. 2d 409 (Fla. 3d DCA 1987)…[*410] PER CURIAM. Affirmed. See State v. Schoff, 490 So. 2d 1040 (Fla. 2d DCA 1986); State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985).…
Authorities Cited (12 total)
- Hendrix v. State, 475 So. 2d 1218 (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)
- State v. Young, 476 So. 2d 161 (Fla. 1985)
- State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985)
- State v. Caride, 473 So. 2d 1362 (Fla. 3d DCA 1985)
- State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986)
- Balarin v. Allstate Ins. Co., 481 So. 2d 1263 (Fla. 3d DCA 1986)
- Young v. State, 489 So. 2d 199 (Fla. 2d DCA 1986)