STATE OF FLORIDA, APPELLANT,
v.
MICHAEL CHESNEY, APPELLEE
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[*381] CAMPBELL, Judge.
Appellant, State of Florida, appeals from appellee, Michael Chesney’s, sentence. The state argues that the court improperly departed downward from the guidelines recommendation. Appellant entered negotiated guilty pleas to charges of attempted sexual battery, burglary and battery on a law enforcement officer. The sentencing guidelines presumptive range was nine to twelve years, but the court imposed a sentence of five years on each of three cases, to run concurrent Appellant had a record of burglary and grand theft as a juvenile.
The court stated that it had no reason for departing from the guidelines, but subsequently offered three reasons, none of which are clear and convincing. First, the judge’s own belief that a reduced sentence is more appropriate is an impermissible reason for departure. Williams v. State, 492 So. 2d 1808, 1309 (Fla.1986). Second, judicial economy is an impermissible reason for departure. See In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848, 849 (Fla.1983). Third, there is no record proof that appellee had mental problems. Defense counsel’s assertions are not sufficient.
We, therefore, vacate appellee’s sentence and remand for resentencing within the guidelines range.
SCHEB, A.C.J., and LEHAN, J., concur.
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State v. Silver, 723 So. 2d 381 (Fla. 4th DCA 1998)…of the evidence. See State v. Licea, 707 So. 2d 1155, 1157 (Fla. 2d DCA 1998)(down-ward departure factors applied by trial court “were not proven by a preponderance of the evidence because no testimony or evidence was presented”); State v. Chesney, 509 So. 2d 380, 381 (Fla. 2d DCA 1987) (where there is no record evidence establishing downward departure basis, sentence must be reversed; defense counsel’s assertions alone not sufficient to justify departure). Because we find that neither departure reason is s…
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State v. Milici, 219 So. 3d 117 (Fla. 5th DCA 2017)…t the trial court improperly imposed downward departure sentences not based on the evidence at the hearing, but rather on its own belief that sentencing Milici in accordance with his scoresheet “serve[d] no legitimate purpose.” See State v. Chesney, 509 So. 2d 380, 381 (Fla. 2d DCA 1987) (“[T]he judge’s own belief that a reduced sentence is more appropriate is an impermissible reason for departure.” (citing Williams v. State, 492 So. 2d 1308, 1309 (Fla. 1986))). Indeed, the trial court’s oral pronouncements a…
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State v. Brady, 517 So. 2d 794 (Fla. 3d DCA 1988)…sentences imposed in this case, which departed downward from the sentencing guidelines, are reversed because there is no evidentiary support for either of the two reasons given by the trial court to justify the said departure, see State v. Chesney, 509 So. 2d 380, 381 (Fla. 2d DCA 1987); Mitchell v. State, 507 So. 2d 686, 688 (Fla. 1st DCA 1987); Medlock v. State, 489 So. 2d 848, 849 (Fla. 5th DCA 1986), and the cause is therefore remanded to the trial court with directions (a) to allow the defendant, if he…
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- In re Rules of Criminal Procedure (sentencing Guidelines), 439 So. 2d 848 (Fla. 1983)