JAMES R. LAWSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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In this appeal of a guilty plea to attempted capital sexual battery, the Florida District Court of Appeal affirmed a 20-year sentence imposed without a sentencing guidelines scoresheet, though no guideline recommendations were discussed on the record. The court certified a question to the Florida Supreme Court regarding whether sentencing guidelines scoresheets are required in negotiated plea agreements.
The court affirmed the 20-year sentence because: (1) a negotiated plea with an agreed sentence constitutes a clear and convincing reason for departure from the guidelines; and (2) a scoresheet appears unnecessary where all parties have agreed upon a negotiated sentence. However, the court certified to the Florida Supreme Court the question of whether sentencing guidelines scoresheets are required in negotiated plea situations.
[1] A negotiated plea agreement that includes a sentence exceeding the sentencing guidelines provides a clear and convincing reason for departure from the guidelines.
[2] A sentencing guidelines scoresheet may be deemed unnecessary when all parties have agreed to a negotiated sentence.
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Join FLexlaw to unlock all legal intelligence“a negotiated plea which includes an agreement to a sentence in excess of the sentencing guidelines constitutes a clear and convincing reason for departure from the guidelines”
Establishes the legal principle that negotiated sentences exceeding guidelines are valid departures
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Join FLexlaw to unlock all legal intelligenceJames R. Lawson was originally charged with one count of sexual battery and two counts of lewd assault on a child. On February 17, 1986, he entered a …
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SHIVERS, Judge.
Appellant, James R. Lawson, was originally charged with one count of sexual battery and two counts of lewd assault on a child. On February 17, 1986, he appeared with counsel and entered a negotiated plea of guilty to the lesser charge of attempted capital sexual battery and agreed to a 20-year sentence in exchange for a dismissal of the other two charges. At two different points during the sentencing hearing, defense counsel objected to the fact that no sentencing guidelines scoresheet had been prepared. When defense counsel stated “I just think the court should be allowed to see what the guidelines scoresheet would say,” the trial judge replied “I happen to know.” There is no discussion on the record, however, of what the recommended guideline sentence was. Several days after the court imposed the 20-year sentence, a scoresheet recommending a sentence of 12 to 17 years was filed with the trial court.
After a timely filed notice of appeal, appellant’s counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although the issue of the absence of a score-sheet was raised in that brief, appellate counsel cited Stokes v. State, 476 So. 2d 313 (Fla. 1st DCA 1985) for the proposition that a scoresheet should not be required where all parties have agreed to a negotiated sentence. Appellant then filed a pro se brief in which he argued that the Stokes case was distinguishable in that (1) it did not involve a negotiated plea; (2) the sentence imposed did not constitute a departure from the guidelines; and (3) the record clearly reflects that the trial court had been apprised of appellant’s undisputed guideline score by both counsel for the State and for the defense.
We agree with the appellant that the Stokes case is distinguishable from the instant case. We nonetheless affirm for two reasons. First, it is clear that a negotiated plea which includes an agreement to a sentence in excess of the sentencing guidelines constitutes a clear and convincing reason for departure from the guidelines. White v. State, 489 So. 2d 115 (Fla. 1st DCA 1986); Geter v. State, 473 So. 2d 31 (Fla. 1st DCA 1985). Second, we agree with the assertion made by the Assistant Public Defender in his Anders brief that a score-sheet seems unnecessary in a situation where all the parties have agreed upon a negotiated sentence.
However, we certify the following question to the Supreme Court, as one of great public importance:
DOES FLA.R.CRIM.P. 3.701(d)(1) REQUIRE THE PREPARATION OF A SENTENCING GUIDELINES SCORE-SHEET IN SITUATIONS WHERE ALL PARTIES HAVE AGREED UPON A NEGOTIATED SENTENCE?
Accordingly, appellant’s judgment and sentence are AFFIRMED.
SMITH and ZEHMER, JJ., concur.
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Hosmer v. State, 523 So. 2d 184 (Fla. 1st DCA 1988)…line departure sentence. Holland v. State, 508 [*186] So. 2d 5 (Fla.1987); Smith v. State, 519 So. 2d 731 (Fla. 1st DCA 1988); Denmark v. State, 519 So. 2d 20 (Fla. 1st DCA 1987); Marrow v. State, 518 So. 2d 479 (Fla. 1st DCA 1988); Lawson v. State, 497 So. 2d 288 (Fla. 1st DCA 1986); Quarterman v. State, 506 So. 2d 50 (Fla. 2d DCA 1987); Bass v. State, 496 So. 2d 880 (Fla. 2d DCA 1986); Key v. State, 452 So. 2d 1147 (Fla. 5th DCA), pet. for review denied, 459 So. 2d 1041 (Fla.1984). To be sustained, however,…
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Percival v. State, 506 So. 2d 66 (Fla. 2d DCA 1987)…dated for purposes of appeal. We reject appellant’s contention that we must remand for resentencing because there is no scoresheet in the record. Appellant’s sentences were entered pursuant to an agreement with the trial court. See Lawson v. State, 497 So. 2d 288 (Fla. 1st DCA 1986); Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986), petition for review granted, No. 69-606 (Fla. March 20, 1987). Additionally, the record reflects that a score-sheet was prepared, that the trial court was informed of appellant’s…
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Grimes v. State, 499 So. 2d 42 (Fla. 1st DCA 1986)…sault offense conviction. Recently, when faced with similar factual circumstances, this court held that a negotiated plea which includes a sentence in excess of the guidelines constitutes a clear and convincing reason for departure. Lawson v. State, 497 So. 2d 288 (Fla. 1st DCA 1986); White v. State, 489 So. 2d 115 (Fla. 1st DCA 1986); Geter v. State, 473 So. 2d 31 (Fla. 1st DCA 1985). Further, a scoresheet seems unnecessary in the situation where all parties have agreed on a negotiated sentence. Lawson. (But…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Geter v. State, 473 So. 2d 31 (Fla. 1st DCA 1985)
- Stokes v. State, 476 So. 2d 313 (Fla. 1st DCA 1985)
- White v. State, 489 So. 2d 115 (Fla. 1st DCA 1986)