STATE OF FLORIDA, APPELLANT,
v.
BRUCE HENRY JOINER, APPELLEE
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Florida's appellate court reversed a downward departure sentence for armed robbery because the trial judge improperly substituted his credibility assessment for the jury's verdict and provided no valid reason for departure from sentencing guidelines.
A trial judge may not depart downward from sentencing guidelines based on the judge's personal doubt about a witness's credibility when a jury has convicted the defendant of the charged offense.
[1] A trial judge may not impose a downward departure from sentencing guidelines based on the judge's personal doubt about witness credibility when a jury has convicted the d…
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Join FLexlaw to unlock all legal intelligence“It is not the function of the trial judge to determine the credibility of witnesses when a jury sits as the trier of fact.”
Court explaining why the trial judge erred in basing the departure on doubt about the victim's credibility
Joiner was convicted by jury and adjudicated guilty of robbery with a weapon. The trial court used a Category 4 scoresheet instead of the appropriate …
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ORFINGER, Judge.
The defendant was convicted by a jury and adjudicated guilty by the court of robbery with a weapon. Instead of calculating the guideline sentence on a Category 3 (robbery) scoresheet, which would have produced a recommended sentence of 3½ to 4½ years in prison, the trial court used a Category 4 (violent personal crimes) score-sheet, which produced a recommended sentence of community control or 12-30 months in prison. Recognizing that this was a departure sentence, the trial judge entered a written order stating, in essence, that the judge doubted the credibility of the victim’s testimony that a robbery had occurred and that defendant was guilty only of aggravated battery.
It is not the function of the trial judge to determine the credibility of witnesses when a jury sits as the trier of fact. Having accepted the jury’s verdict and adjudicated defendant guilty of armed robbery, the scoresheet should have been prepared using armed robbery as the primary offense at conviction. Fla.R.Crim.P. 3.701(d)(3). Neither is the judge’s personal view on the lack of credibility of the victim’s testimony a clear and convincing reason for a downward departure where the jury has determined otherwise. When asked at sentencing, trial counsel could not advance any reason to mitigate the sentence. Appellate counsel concedes that no valid reason has been given, and we concur. The sentence is reversed and the cause is remanded for resentencing in accordance with the guidelines.
REVERSED and REMANDED.
DAUKSCH and SHARP, JJ., concur.
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State v. Johns, 576 So. 2d 1332 (Fla. 5th DCA 1991)…e credibility of witnesses when a jury sits as the trier of fact. Nor is the judge’s personal view on the lack of credibility of the victim’s testimony a valid reason for a downward departure where the jury has determined otherwise. State v. Joiner, 498 So. 2d 1017 (Fla. 5th DCA 1986). SENTENCE VACATED; REMANDED. COBB and HARRIS, JJ., concur. . The defendant's recommended guidelines sentence was 2 ½ to 3½ years incarceration. . The defendant committed this crime in 1985. The sentencing guidelines were amen…
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Byrd v. State, 531 So. 2d 1004 (Fla. 5th DCA 1988)…probation officer was not a valid reason for a departure sentence). The third reason, that the factual information is questionable at best, suggests that the trial court may have disagreed with the conclusion reached by the jury. In State v. Joiner, 498 So. 2d 1017 (Fla. 5th DCA 1986), this court held that a judge’s personal view of the lack of credibility of the testimony is not a clear and convincing reason for a downward departure where the jury has determined otherwise. The fourth reason, that Byrd would r…
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State v. Soler, 546 So. 2d 776 (Fla. 3d DCA 1989)…hat “the state’s case [was] in jeopardy” are both legally insufficient. State v. McMullen, 529 So. 2d 821 (Fla. 3d DCA 1988); see State v. Wright, 473 So. 2d 268 (Fla. 1st DCA 1985), review denied, 484 So. 2d 10 (Fla.1986); see also State v. Joiner, 498 So. 2d 1017 (Fla. 5th DCA 1986). See generally State v. Earl, 545 So. 2d 415 (Fla. 3d DCA 1989) (court may not dismiss case because of its perception that it is unworthy of prosecution). Since the plea was obviously proffered in return for the proposed sentence…
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