STATE OF FLORIDA, APPELLANT,
v.
FRANK L. MATTHEWS, APPELLEE
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A trial court cannot depart downward from the sentencing guidelines based on a plea bargain over the state's objection without providing clear and convincing written reasons.
[1] A trial court may not depart downward from the sentencing guidelines presumptive sentence based on a plea bargain between the court and the defendant, over the state's ob…
[2] A plea bargain between the state and a defendant is a valid reason for departure from the sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceAppellee pleaded guilty to several cocaine charges and was convicted of another. The trial court departed from the presumptive sentencing guidelines t…
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RYDER, Acting Chief Judge.
Appellee pleaded guilty to seven counts of sale and five counts of possession of cocaine. After a jury trial, he was found guilty of another count of possession of cocaine.
The sentencing guidelines presumptive sentence was seven to nine years. At the sentencing hearing, over the state’s objection, the trial court sentenced appellees to four and one-half years on each count, all counts to run concurrently. The trial court did not provide written reasons for its departure from the sentencing guidelines presumptive sentence. From the transcript of the sentencing hearing, the trial court appears to have departed from the sentencing guidelines presumptive sentence on the basis of appellee’s plea. Apparently, the trial court and the appellee agreed that if appel-lee pleaded guilty, appellee would receive four and one-half years instead of the presumptive guidelines sentence of seven to nine years. As the third district held in State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987):
While a plea bargain between the state and a defendant is a valid reason for departure from the guidelines, State v. Esbenshade, 493 So. 2d 487, 488 (Fla. 2d DCA 1986); State v. Collins, 482 So. 2d 388, 389 (Fla. 5th DCA 1985), a trial court is no longer free to offer a plea bargain which is below the sentencing guidelines, over the state’s objection, unless the court provides clear and convincing reasons for its departure.
Id. at 1116-17. Thus, the trial court erred in departing downward from the sentencing guidelines presumptive sentence on the basis of a plea bargain between the court and the appellee, over the state’s objection, without providing clear and convincing written reasons for its departure.
Consequently, we reverse and vacate appellee’s pleas, convictions and sentences on the seven counts of sale and five counts of possession of cocaine. We affirm the conviction and reverse the sentence on the count of possession that went to jury trial and remand for resentencing.
Affirmed in part; reversed in part and remanded for further proceedings.
CAMPBELL and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mitchell, 538 So. 2d 71 (Fla. 3d DCA 1989)…departure from the sentencing guidelines. The trial judge’s other reasons for departure also lack merit. First, the fact that the sentence was entered upon a plea to the court is not in and of itself a valid reason for departure. State v. Matthews, 522 So. 2d 1026 (Fla. 2d DCA 1988); State v. Johnson, 512 So. 2d 1116, 1117 (Fla. 3d DCA 1987). See State v. Hopkins, 520 So. 2d 301, 302, n. 2 (Fla. 3d DCA 1988). Second, the fact that the sentence was a one cell departure from the guidelines range is an unconvin…
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State v. Lawler, 531 So. 2d 752 (Fla. 4th DCA 1988)…he trial court made a downward departure from the recommended sentencing guideline range without assigning written legal rea [*753] sons therefor. This was error. Fla.R. Crim.P. 3.701(d)(ll). State v. Nichols, (Fla. 4th DCA 1988); State v. Matthews, 522 So. 2d 1026 (Fla. 2d DCA 1988); State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987). We reverse and remand with instructions to either sentence within the recommended guidelines range, or, to provide written reasons for any departure therefrom. REVERSED AN…
Authorities Cited
- State v. Collins, 482 So. 2d 388 (Fla. 5th DCA 1985)
- State v. Johnson, 512 So. 2d 1116 (Fla. 3d DCA 1987)
- Claydean Goggans v. Kalp, 493 So. 2d 487 (Fla. 2d DCA 1986)