STATE OF FLORIDA, APPELLANT,
v.
JIMMY LEE FOREHAND, APPELLEE
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Florida's appeal of a downward sentencing departure is reversed and remanded because three of the trial judge's seven stated reasons for departure were invalid under controlling precedent, and it is unclear whether the remaining reasons alone would have supported the same sentence.
A downward sentencing departure must be reversed and remanded when three of the trial court's seven stated reasons are invalid and it is unclear whether the remaining reasons alone would have justified the same sentence.
[1] When a trial court imposes a downward sentencing departure based on multiple reasons, some of which are invalid under controlling precedent, the sentence must be reversed…
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Join FLexlaw to unlock all legal intelligenceForehand negotiated a plea agreement and pled nolo contendere to grand theft, burglary of a dwelling, and petit theft. The parties stipulated to a sen…
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SHARP, Judge.
The state appeals the sentence imposed on Forehand after he negotiated a plea and pled nolo contendere to grand theft,1 burglary of a dwelling,2 and petit theft.3 The parties had stipulated Forehand would be sentenced to two and one-half to three years with the condition there be no consecutive probation. Instead, the trial court departed downward and sentenced Forehand respectively on the three charges to one year and one day, fifteen years concurrent probation and time served.
The trial judge listed seven reasons for the downward departure, the first three of which are invalid. See Lerma, v. State, 497 So. 2d 736 (Fla.1986); State v. Mischler, 488 So. 2d 523 (Fla.1986); Dowling v. State, 496 So. 2d 1001 (Fla. 5th DCA 1986); State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986). We make no comment as to the validity of the remaining four reasons because there is no clear authority on these issues. Since it is not clear that, absent the invalid reasons the trial court would have imposed the same sentence, we must reverse and remand. Albritton v. State, 476 So. 2d 158 (Fla.1985).
REVERSED AND REMANDED.
ORFINGER. and COWART, JJ., concur. .§§ 812.014(1), (2)(b)1 & 812.015(1), Fla.Stat. (1985).
. §§ 810.02(1) & (3), Fla.Stat. (1985).
. §§ 812.014(l)(a), (b) & (2)(c), Fla.Stat. (1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)
- Ervin Sharp v. State, 497 So. 2d 736 (Fla. 1st DCA 1986)
- State v. Taylor, 482 So. 2d 578 (Fla. 5th DCA 1986)
- Dowling v. State, 496 So. 2d 1001 (Fla. 5th DCA 1986)