JOHNNY LEE FRYSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A trial court's statement that it would depart from sentencing guidelines for any single reason, even if some reasons are invalid, does not satisfy the standards set forth in Albritton v. State.
The district court certified a question regarding whether a trial court's statement about departing from sentencing guidelines satisfied Albritton sta…
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KOGAN, Justice.
We have for review Fryson v. State, 506 So. 2d 1117 (Fla. 1st DCA 1987), in which the district court certified the following as a question of great public importance:
DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARDS SET FORTH IN ALBRITTON v. STATE [476 So. 2d 158 (Fla.1985) ]?
Id. at 1120. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the certified question in the negative in Griffis v. State, 509 So. 2d 1104 (Fla.1987). Because the district court correctly found both valid and invalid reasons, we disapprove the decision below as to this issue and direct the district court to remand to the trial court for resentencing. We confine our review to the issue certified by the district court, and thus do not address any other issues raised by the parties.
It is so ordered.
EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, BARKETT and GRIMES, JJ., concur.
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Jory v. State, 647 So. 2d 152 (Fla. 5th DCA 1994)…gan, 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991); Hale v. State, 630 So. 2d 521 (Fla. 1993); State v. Bartlett, 171 Ariz. 302, 830 P. 2d 823 (1992). Compare Fryson v. State, 506 So. 2d 1117 (Fla. 1st DCA 1987), disapproved on other grounds, 533 So. 2d 294 (Fla.1988); Kendry v. State, 517 So. 2d 78 (Fla. 1st DCA 1987); Williams v. State, 441 So. 2d 1157 (Fla. 3d DCA 1983). A defendant should create a record in the lower court which demonstrates a gross disparity between the sentence received in compar…
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Fryson v. State, 566 So. 2d 374 (Fla. 1st DCA 1990)…PER CURIAM. Johnny Lee Fryson has appealed from a departure sentence imposed after remand for re-sentencing. See Fryson v. State, 506 So. 2d 1117 (Fla. 1st DCA), disapproved 533 So. 2d 294 (Fla.1988). We affirm as to all issues, without prejudice to presenting the issue of consecutive minimum mandatory terms to the trial court in a motion pursuant -to Rule 3.850, Florida Rules of Criminal Procedure. AFFIRMED. ERVIN, JOANOS and BAR…
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Griffis v. State, 509 So. 2d 1104 (Fla. 1987)
- Fryson v. State, 506 So. 2d 1117 (Fla. 1st DCA 1987)