HAROLD MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court reversed defendant's sentence because trial court failed to provide clear and convincing reasons for departing from sentencing guidelines, even under the enhanced penalty allowed by the habitual offender statute.
The habitual offender statute and sentencing guidelines work together to allow enhancement of the statutory maximum, but any sentence exceeding the guidelines recommendation requires clear and convincing reasons for departure based on factors other than habitual offender status.
[1] The habitual offender statute and sentencing guidelines statutes operate as complementary mechanisms rather than separate sentencing systems, with the former enhancing th…
[2] When a sentence imposed under an enhanced penalty from habitual offender status exceeds the sentencing guidelines recommendation, the trial court must provide clear and c…
Previewing 2 of 2 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 habitual offender statute, section 775.084, Florida Statutes, may be used to increase the statutory maximum sentence and, where the guidelines sentence is within the enhanced penalty, the trial judge may impose a guidelines sentence”
Explaining how the habitual offender statute and sentencing guidelines interact
Harold Miller was convicted and sentenced as a habitual offender. The trial court imposed a sentence that exceeded the sentencing guidelines recommend…
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BARFIELD, Judge.
We find no reversible error in the admission of Williams Rule evidence during appellant’s trial. The other rulings by the trial court addressed to the search warrant are affirmed.
However, contrary to the trial court’s conclusion, the habitual offender and sentencing guidelines statutes are not separate sentencing mechanisms. Rather, the two work together such that the habitual offender statute, section 775.084, Florida Statutes, may be used to increase the statutory maximum sentence and, where the guidelines sentence is within the enhanced penalty, the trial judge may impose a guidelines sentence. Where the sentence imposed exceeds the recommended sen tence, even under the enhanced penalty, the trial court must then give clear and convincing reasons for departure, based on factors other than the habitual offender status of the defendant. Hester v. State, 503 So. 2d 1342 (Fla. 1st DCA), approved in part, 520 So. 2d 273 (Fla.1988); Holmes v. State, 502 So. 2d 1302 (Fla. 1st DCA), review granted, Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986). Therefore, the sentence imposed in this case was erroneous as the trial court failed to offer any reasons for departure. The sentence is REVERSED and the case is REMANDED for resentencing.
ERVIN and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Owens v. State, 560 So. 2d 1260 (Fla. 1st DCA 1990)…on 921.001(4)(a), Florida Statutes,1 the provisions of the habitual offender statute were not exempt from the sentencing guidelines; and (2) that a defendant’s habitual offender status could not be used as a reason for departure. In Miller v. State, 524 So. 2d 1031 (Fla. 1st DCA 1987), this court found that the habitual offender statute and the sentencing guidelines “worked together” such that the habitual offender statute could be used to increase the statutory maximum sentence. Where the sentence imposed by…
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Jones v. State, 558 So. 2d 131 (Fla. 1st DCA 1990)…ally required to set forth written reasons for departing from the guidelines, other than the habitual offender status, where the enhanced sentence exceeded the recommended sentence. See Whitehead v. State, 498 So. 2d 863 (Fla.1986); Miller v. State, 524 So. 2d 1031 (Fla. 1st DCA 1987). Consequently, we reverse and remand for re-sentencing. We reject Jones’ contention that the trial court failed to make written findings in invoking the habitual offender statute. The record on appeal contains a written order suf…
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Burch v. State, 640 So. 2d 95 (Fla. 1st DCA 1994)…ments of the sentencing guidelines. Whitehead v. State, 498 So. 2d 863, 865 (Fla.1986). In other words, prior to the changes in 1988,1 the habitual offender and sentencing guidelines statutes were not separate sentencing mechanisms. Miller v. State, 524 So. 2d 1031 (Fla. 1st DCA 1987). Rather, this Court stated that the habitual offender statute may be used to increase the statutory maximum sentence and, where the guidelines sentence is within the enhanced penalty, the trial judge may impose a guidelines sent…
Authorities Cited
- Myers v. State, 499 So. 2d 895 (Fla. 1st DCA 1986)
- Hester v. State, 503 So. 2d 1342 (Fla. 1st DCA 1987)
- Hester v. State, 520 So. 2d 273 (Fla. 1988)
- Holmes v. State, 502 So. 2d 1302 (Fla. 1st DCA 1987)