STATE OF FLORIDA, APPELLANT,
v.
MARTA JEAN WHITTEN, APPELLEE
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Florida reversed a split sentence that fell below the sentencing guidelines' recommended minimum and remanded for the trial court to provide written reasons for the downward departure.
A trial court imposing a sentence below the recommended guidelines minimum must provide written reasons for the downward departure.
[1] A trial court imposing a sentence below the sentencing guidelines' recommended minimum must provide written reasons for the downward departure, though it may rely on prev…
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Join FLexlaw to unlock all legal intelligence“Since this sentence constitutes a downward departure, upon remand the trial court must give a written reason for such departure.”
Court explaining the requirement for written reasons when sentencing below guidelines
The trial court sentenced Whitten to 18 months' prison followed by 3 years' probation, with an incarceration period less than the recommended minimum …
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GUNTHER, Judge.
We reverse and remand for resentencing.
The trial court sentenced appellant to a split sentence (18 months’ prison followed by 3 years’ probation) which included an incarceration period of less than the recommended minimum for the crimes (4V2 to 5V2 years in prison). We agree with the State’s contention that this sentence constitutes a downward departure from the recommended guidelines sentence. See Fla.R. Crim.P. 3.701(d)(12), Committee Note (d)(12) (1983). Since this sentence constitutes a downward departure, upon remand the trial court must give a written reason for such departure. State v. Chaney, 514 So. 2d 436, 437 (Fla. 4th DCA 1987).
The record in the instant case indicates that the trial court very carefully considered appellee’s sentence and would have relied on substance abuse as a clear and convincing reason for departure had he not thought the sentence he imposed was within the guidelines. However, since the trial court did not consider the sentence a downward departure, no written reasons were given. Upon remand the trial court is to provide written reasons for departure. However, the court may rely on the previously stated reason of substance abuse as a clear and convincing reason for departure. See Barbera v. State, 505 So. 2d 413 (Fla.1987).
REVERSED AND REMANDED FOR RESENTENCING.
ANSTEAD and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Herrin v. State, 568 So. 2d 920 (Fla. 1990)…549 So. 2d 1170 (Fla. 4th DCA 1989); State v. Joseph, 543 So. 2d 405 (Fla. 4th DCA 1989); State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989); State v. Salony, 528 So. 2d 404 (Fla. 3d DCA), review denied, 531 So. 2d 1355 (Fla.1988); State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988); State v. Francis, 524 So. 2d 1172, 1173 (Fla. 4th DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988). At the outset, we are unwilling to say that substance abuse can only be a valid reason for a downward departure in…
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State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989)…hat drug dependency is not a valid reason for downward departure from the sentencing guidelines. Barbera v. State, 505 So. 2d 413 (Fla.1987); State v. Salony, 528 So. 2d 404 (Fla. 3d DCA), review denied, 531 So. 2d 1355 (Fla.1988); State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988). However, as the state contends, and the defendant concedes, the trial court erred in not entering a written order delineating its reason for departure. Consequently, the sent…
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State v. Laddie Winter, 549 So. 2d 1170 (Fla. 4th DCA 1989)…uideline departure. On the other hand, appellee suggests the trial court might have properly relied on appel-lee’s serious drug addiction problem as a valid reason for departure. See Barbera v. State, 505 So. 2d 413 (Fla.1987), and State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988). We therefore reverse and remand as to this point so that the trial court may enter an order giving proper reasons for a downward guideline departure. In the event the trial court, on remand, determines to sentence appellee withi…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Mahterian v. State, 514 So. 2d 436 (Fla. 4th DCA 1987)