MARILYN CRIGLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a trial court must provide written reasons for departing from recommended sentencing guidelines.
The defendant was sentenced for manslaughter. The trial court departed from the recommended guidelines sentence, providing oral but not written reason…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.701(D)(11) cases and more on FLexlaw
HALL, Judge.
Marilyn Crigler appeals her sentence for manslaughter. She contends that the trial court erred in departing from the recommended guidelines sentence without providing written reasons in support thereof. We agree.
The instant case is before this court for a second time. Previously, the appellant appealed her conviction of manslaughter and sentence of twelve years in prison. We reversed and remanded this case to the trial court for a determination as to whether six prior misdemeanor convictions were uncounseled and therefore not scorable. 487 So. 2d 420.
On remand the trial court struck the misdemeanor convictions, again imposed a twelve-year sentence, and orally gave several reasons for departure. These reasons were never reduced to writing by the trial court.
We find that the trial court failed to provide written reasons justifying the departure.
Accordingly, we reverse and remand for resentencing within the presumptive guidelines range.
Reversed and remanded.
RYDER, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pope v. State, 561 So. 2d 554 (Fla. 1990)…BARKETT, Justice. We have for review Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989), based upon express and direct conflict with Crigler v. State, 526 So. 2d 176 (Fla. 2d DCA 1988), and numerous other decisions of the district courts.1 We quash the district court’s decision in Pope and approve the decision in Crigler. Pope was found guilty of violating community control. The recommended guidelines sentence,…1 / 2
-
Wemett v. State, 567 So. 2d 882 (Fla. 1990)…this case. . We note that the district courts in many opinions have addressed the issue of departure from the guidelines due to a victim’s age-related vulnerability. See, e.g., Graham v. State, 557 So. 2d 669 (Fla. 5th DCA 1990); LeFresne v. State, 526 So. 2d 176 (Fla. 2d DCA 1988); Bell v. State, 522 So. 2d 989 (Fla. 1st DCA 1988); Byrd v. State, 516 So. 2d 107 (Fla. 4th DCA 1987); Moore v. State, 468 So. 2d 1081 (Fla. 3d DCA 1985). The weight of authority supports the conclusion we reach today.…
-
Manuel v. State, 542 So. 2d 1368 (Fla. 2d DCA 1989)…idelines. See Hankey v. State, 485 So. 2d 827 (Fla.1986). As to the first reason for departure, this court has held that a victim’s age and vulnerability are not proper reasons to deviate from the recommended guidelines sentence. LeFresne v. State, 526 So. 2d 176 (Fla. 2d DCA 1988). The fourth district has recognized, however, that the advanced age of the victim plus some additional element, such as the fact that the defendant stood in a position of trust with the victims, will justify such departure. Byrd v…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crigler v. State, 487 So. 2d 420 (Fla. 2d DCA 1986)