MITCHEL SAMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mitchel Sampson appeals his convictions and sentences for two robberies. While the court affirms his convictions, it reverses his sentences because the trial court's written reasons for departing from the guideline sentence were legally insufficient and violated sentencing guidelines principles.
The trial court's departure reasons were invalid because three stated reasons—that the defendant is a career criminal, the need to protect the public, and the defendant's poor rehabilitation candidacy (without explanation)—are impermissible grounds for departure. Additionally, the court could not determine the validity of the trial court's consideration of prior convictions and uncharged robberies without clarification, as such consideration could violate guidelines principles.
[1] A trial court's written reasons for departing from a presumptive guidelines sentence are invalid if they are not clearly and convincingly set out.
[2] A trial court cannot depart from a presumptive guidelines sentence based on the defendant being a career criminal.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the following are clearly invalid: (1) the defendant is a career criminal... (2) the need to protect the public... and (3) the appellant is not a decent candidate for rehabilitation (without providing some explanation of why the appellant cannot be rehabilitated)”
Establishes that bare conclusions about career criminal status, public protection need, and poor rehabilitation prospects without specific explanation cannot support guideline departures.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSampson was convicted by jury of two robberies under Florida Statutes § 812.13(2)(a). The trial court sentenced him to 40 years imprisonment for each …
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PER CURIAM.
The appellant, Mitchel Sampson, appeals his convictions on two charges of robbery and the resulting judgments and sentences. After reviewing the briefs and record on appeal, we find no merit in appellant’s argument as it pertains to his convictions and adjudication of guilt. We do, however, find merit in the appellant’s contention that the trial court’s written reasons for departing from the presumptive guidelines sentence are invalid.
The appellant was charged by two informations with two robberies, each in violation of section 812.13(2)(a), Florida Statutes (1983). After the jury found appellant guilty as charged, the trial court departed from the recommended guidelines sentence of twenty-two to twenty-seven years imprisonment by sentencing the appellant to forty years imprisonment for each robbery with 350 days credit for time served. The sentences were to run consecutively to each other and to other sentences being served by the appellant and included the three year minimum mandatory sentence provided by section 775.087(2), Florida Statutes (1983). The trial court provided the following written reasons for its departure:
The defendant was previously convicted of robbery in Hillsborough and Pinel-las Counties. The PSI discloses that the defendant has heretofore committed at least seven robberies, only two of which have been considered by the scoresheet as a “prior conviction.” It is manifestly apparent that the defendant is a career criminal, specializing in robberies, and the public, at this point in time, is entitled to protection from the defendant beyond that protection which a guidelines sentence would provide. The defendant is not a decent candidate for rehabilitation.
Of the reasons given by the trial court, the following are clearly invalid: (1) the defendant is a career criminal, see Tyner v. State, 491 So. 2d 1228 (Fla. 2d DCA 1986); (2) the need to protect the public, see Williams v. State, 493 So. 2d 48 (Fla. 2d DCA 1986); and (3) the appellant is not a decent candidate for rehabilitation (without providing some explanation of why the appellant cannot be rehabilitated), see Scobee v. State, 488 So. 2d 595 (Fla. 1st DCA 1986).
We are unable to determine the validity of the trial court’s consideration of appellant’s “prior convictions” or of the “seven robberies, only two of which have been considered by the scoresheet.” If any of the prior convictions had been factored into the scoresheet, consideration of those convictions in departing would be impermissible. See Hendrix v. State, 475 So. 2d 1218 (Fla.1985). If no convictions had been obtained for the five robberies “not considered by the scoresheet,” consideration of these robberies in departing would also be impermissible. See Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986); Patten v. State, 492 So. 2d 748 (Fla. 2d DCA 1986). On the other hand, if valid convictions had been obtained for those robberies, we do not understand why these five robberies were not factored into the scoresheet as prior convictions. Although the trial court may have been considering some factors which were. valid reasons for departure, these factors were not clearly or convincingly set out by the trial court. We, therefore, reverse the appellant’s sentence and remand for resentencing consistent with this opinion.
We affirm the trial court, however, in all other respects.
Affirmed in part, reversed in part, and remanded.
RYDER, A.C.J., and SCHOONOVER and HALL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hester v. State, 503 So. 2d 1342 (Fla. 1st DCA 1987)…t relied at least in part on appellant’s prior nonjuvenile criminal record which was already factored into the guidelines computation, and thus this was an invalid reason for departure. Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Sampson v. State, 500 So. 2d 312 (Fla. 2d DCA 1986). As to the third reason (nonrehabili-tative), the trial court did not present any facts to support this reason, other than appellant’s pattern of criminal activity, and thus the reason is not clear and convincing. Patty v. State,…
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Sampson v. State, 540 So. 2d 917 (Fla. 2d DCA 1989)…beyond that protection which a guideline sentence would provide. The defendant is not a decent candidate for rehabilitation. On appeal this court disavowed at least three of these departure criteria and remanded for resentencing. Sampson v. State, 500 So. 2d 312 (Fla. 2d DCA 1986). However, we were unable to determine the validity of the trial court’s consideration of appellant’s prior convictions, or of any robberies which might not have been reflected in the scoresheet. Had convictions been obtained for t…
Authorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Scobee v. State, 488 So. 2d 595 (Fla. 1st DCA 1986)
- Denson v. State, 493 So. 2d 60 (Fla. 2d DCA 1986)
- Patten v. State, 492 So. 2d 748 (Fla. 2d DCA 1986)
- Tyner v. State, 491 So. 2d 1228 (Fla. 2d DCA 1986)
- Williams v. State, 493 So. 2d 48 (Fla. 2d DCA 1986)