JERRY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court must provide written reasons for departing from a presumptive guideline sentence and must provide notice and an opportunity to object before imposing costs, especially for indigent defendants.
Williams pled guilty to violation of probation and was sentenced to community control. He subsequently violated community control and was sentenced to…
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COBB, Judge.
Williams, an indigent, pled guilty to violation of probation and was sentenced to one year of community control. Williams subsequently violated community control and was sentenced to four years in prison, with a cost assessment of $248 under sections 960.20, 943.25(4) and 27.3455, Florida Statutes (1985). This represented a three-cell departure from the presumptive guideline sentence. The trial court did not give any written reasons for the departure.
On appeal, Williams contends that the trial court erred in failing to provide written reasons for the departure and in imposing costs without providing him notice and an opportunity to object due to his indigent status. Williams is correct on both counts. See State v. Jackson, 478 So. 2d 1054 (Fla.1985); Jenkins v. State, 444 So. 2d 947 (Fla.1984); Boldes v. State, 475 So. 2d 1356 (Fla. 5th DCA 1985). Thus, this case is remanded for the trial court to submit valid written reasons for departure should it wish to depart from the guidelines sentence,1 and for the state to be given an opportunity to comply with the procedure outlined in Jenkins, supra.
REVERSED and REMANDED.
UPCHURCH, C.J., and ORFINGER, J., concur. . A second violation of a nonstate prison sanction is a valid basis for departure. See Riggins v. State, 477 So. 2d 663 (Fla. 5th DCA 1985).
. Additionally, although the appellant has not raised this point on appeal, it should be noted on remand that the imposition of costs under section 27.3455 in the present case violates the ex post facto doctrine, since the commission of Williams’ initial offense occurred prior to the effective date of the statute. See Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986).
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Stone v. State, 500 So. 2d 572 (Fla. 2d DCA 1986)…495 So. 2d 239 (Fla. 5th DCA 1986); Slaughter v. State, 493 So. 2d 1109 (Fla. 1st DCA 1986) [consolidating sixteen cases]; Miller v. State, 492 So. 2d 1191 (Fla. 5th DCA 1986); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Signorelli v. State, 491 So. 2d 349 (Fla. 4th DCA 1986); Moseley v. State, 491 So. 2d 336 (Fla. 3d DCA 1986); McDowell v. [*574] State, 491 So. 2d 594 (Fla. 5th DCA 1986); Freeney v. State, 493 So. 2d 9 (Fla. 5th DCA 1986); Will…
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Outar v. State, 508 So. 2d 1311 (Fla. 5th DCA 1987)…. 5th DCA 1986); Gaffney v. State, 497 So. 2d 1292 (Fla. 5th DCA 1986), re [*1312] view denied, 506 So. 2d 1041 (Fla.1987); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986); Maxwell v. State, 492 So. 2d 841 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Fletcher v. State, 491 So. 2d 354 (Fla. 5th DCA), review denied, 500 So. 2d 545 (Fla.1986); Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986). . § 27.3455, Fla.Stat. (1985); Harris v. State, 507 So. 2d 1133 (Fla. 5th DCA 1987…
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Thomas v. State, 512 So. 2d 1099 (Fla. 5th DCA 1987)…State, 497 So. 2d 1292 (Fla. 5th DCA 1986), review denied, 506 So. 2d 1041 (Fla.1987); Gordon v. State, 497 So. 2d 661 (Fla. 5th DCA 1986), affirmed, 509 So. 2d 924 (Fla.1987); Maxwell v. State, 492 So. 2d 841 (Fla. 5th DCA 1986); Williams v. State, 492 So. 2d 784 (Fla. 5th DCA 1986); Fletcher v. State, 491 So. 2d 354 (Fla. 5th DCA), review denied, 500 So. 2d 545 (Fla.1986); Brooks v. State, 490 So. 2d 173 (Fla. 5th DCA 1986). . See Jenkins v. State, 444 So. 2d 947 (Fla.1984); Delifus v. State, 507 So. 2d 75…1 / 2
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)
- Boldes v. State, 475 So. 2d 1356 (Fla. 5th DCA 1985)
- Jock Everett Riggins v. State, 477 So. 2d 663 (Fla. 5th DCA 1985)