STATE OF FLORIDA, APPELLANT,
v.
ALFREDO MORALES, APPELLEE
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Florida appealed a downward sentencing departure in a burglary and grand theft case, arguing the trial judge's stated reason—the defendant's age and rehabilitation potential—was unsupported by the record. The appellate court affirmed the sentence, finding the record adequately supported the judge's rehabilitation-based departure rationale.
The trial judge's downward departure was affirmed because the record supported the conclusion that the defendant's age and demonstrated rehabilitation potential provided clear and convincing reasons for departure from the guidelines sentence.
[1] A trial judge may depart downward from sentencing guidelines for clear and convincing reasons, including the age of the defendant.
[2] A defendant's age may be a valid reason for a downward departure from sentencing guidelines if supported by the record.
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Join FLexlaw to unlock all legal intelligence“the age of this defendant shows some reasonable chance for rehabilitation”
The trial judge's stated reason for departing downward from the guideline sentence.
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Join FLexlaw to unlock all legal intelligenceAlfredo Morales, age 19, was convicted of burglary, grand theft, and resisting arrest without violence. The sentencing guidelines recommended 2.5 to 3…
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DOWNEY, Judge.
Appellant, age 19, was found guilty of burglary, grand theft, and resisting arrest without violence. The recommended guideline sentence was two and one-half to three and one-half years’ imprisonment; however, the trial judge departed downward and sentenced appellant to one year in the county jail, stating as his grounds for departure the “age of this defendant shows some reasonable chance for rehabilitation.” The state contends that the reason stated is improper because it is not supported by the record. At the sentencing hearing, the trial judge reviewed appellant’s juvenile record, which was not exactly exemplary, and concluded that his conduct for the immediate past year and one-half was quite promising from a rehabilitation standpoint. Furthermore, the presentence investigation report furnished to the court supported such a determination and recommended a more substantial downward departure than the trial judge imposed. Thus, the court concluded that appellant’s chance of rehabilitating himself was enhanced by incarceration in the county jail rather than in the state prison system.
Given the fact that a trial judge has the authority to depart downward as well as upward from the guidelines presumptive sentence for clear and convincing reasons, such as the age of the defendant,1 we believe the record herein does support the trial judge’s conclusion.
Accordingly, the sentence appealed from is affirmed.
HERSEY, C.J., and WALDEN, J., concur. . State v. Weston, 510 So. 2d 1001, 1003 n. 3 (Fla. 3d DCA 1987); State v. D'Alexander, 496 So. 2d 1007 (Fla. 2d DCA 1986); State v. Rodriguez, 496 So. 2d 240 (Fla. 3d DCA 1986); State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986).
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Citator
Cited By
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Herrin v. State, 568 So. 2d 920 (Fla. 1990)…that other courts have permitted downward [*922] departures based primarily upon a defendant’s potential for rehabilitation. State v. Whiddon, 554 So. 2d 651 (Fla. 1st DCA 1989); State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988); State v. Morales, 522 So. 2d 464 (Fla. 4th DCA 1988). For purposes of guidelines departures, we believe that a defendant’s substance abuse must be considered together with his or her amenability to rehabilitation. Except in cases such as Barbera where the alcohol substantially imp…
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State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988)…ng from the sentencing guidelines and in sentencing the defendant to one year in the county stockade so that he could participate in a drug rehabilitation program conducted at the stockade. State v. Sachs, 526 So. 2d 48 (Fla.1988); State v. Morales, 522 So. 2d 464, 465 (Fla. 4th DCA 1988); State v. Glasper, 506 So. 2d 480 (Fla. 4th DCA 1987); State v. Rodriguez, 496 So. 2d 240 (Fla. 3d DCA 1986); State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985). Second, we agree that the small amount of cocaine involved…
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State v. Whiddon, 554 So. 2d 651 (Fla. 1st DCA 1989)…Second, Third, and Fifth Districts have each found that youthful age of the offender, without consideration of any other factors, is not a clear and convincing reason in itself to justify downward departure,4 the Fourth District in State v. Morales, 522 So. 2d 464 (Fla. 4th DCA 1988), held that a defendant’s young age was a clear and convincing reason justifying departure under the circumstances presented. Specifically, the defendant was nineteen years old, and while his juvenile record was hardly exemplary,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986)
- State v. D'Alexander, 496 So. 2d 1007 (Fla. 2d DCA 1986)
- State v. Weston, 510 So. 2d 1001 (Fla. 3d DCA 1987)
- State v. Rodriguez, 496 So. 2d 240 (Fla. 3d DCA 1986)