THE STATE OF FLORIDA, APPELLANT,

v.

SUZANNE BLEDSOE, APPELLEE

Fla. 3d DCA | 1989-02-07

No. 87-2753

Before HUBBART, NESBITT and BASKIN, JJ.

538 So. 2d 94 Florida District Court of Appeal, Third District (1989) Positive Treatment

Cited by 16 cases

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Holding

A trial court's oral pronouncements are insufficient to justify a downward departure from sentencing guidelines; a written statement of reasons is required.

Facts & Procedural History

The defendant pleaded guilty to grand theft and other charges. The trial court imposed a sentence below the presumptive guidelines range, citing the d…

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Topics

Downward Departure From Sentencing Guidelines Written Reasons For Departure Downward Departure Sentencing Guidelines

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Opinion of the Court

PER CURIAM.

The state appeals from a downward departure from the sentencing guidelines. We reverse and remand.

The defendant was charged in six cases involving various counts of grand theft as well as other charges. Her sentencing guidelines scoresheet showed a presumptive sentence of twelve to seventeen years. The trial court, in exchange for a guilty plea, negotiated with the defendant a five-year sentence in state prison with the condition that the defendant attend a drug rehabilitation program. The state did not participate in the plea agreement. The trial court did not include a written statement of its reasons for mitigating the sentence. However, in oral pronouncements, the court stated that “[t]he court did deviate because it is clear that she has a drug problem. All her problems originated be cause ... she has a drug problem.” The state now appeals.

We disagree with the state’s contention that 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 sentence must be vacated and the case remanded for entry of such a written order. State v. Jackson, 478 So. 2d 1054 (Fla.1985); State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988); State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988); § 921.001(6), Fla.Stat. (1987); Fla.R.Crim. P. 3.701(b)(6) and 3.701(d)(11). Upon remand, the court may rely on the defendant’s drug dependency as a clear and convincing reason for departure.

Reversed and remanded with directions.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Herrin v. State, 568 So. 2d 920 (Fla. 1990)

…d, often without elaboration, that substance abuse is a valid reason for downward departures from the sentencing guidelines. State v. Winter, 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…
State v. Herrin, 555 So. 2d 1288 (Fla. 2d DCA 1990)

…ng guidelines recommendation if intoxication or dependency on drugs or alcohol caused the defendant to commit the crime or was a factor in the commission of the crime. See, e.g., 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. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988); State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988); State v. Daughtry, 505 So. 2d 537 (Fl…

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State v. Lavell Porter, 659 So. 2d 328 (Fla. 3d DCA 1995)

…defendant’s mind at the time the crime was committed, Barbera v. State, 505 So. 2d 413 (Fla.1987), or where there is a finding of substance abuse and an amenability to rehabilitation, Herrin v. State, 568 So. 2d 920 (Fla.1990). See State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989); State v. Forbes, 536 So. 2d 356 (Fla. 3d DCA 1988). In determining whether a defendant who abuses drugs is amenable to rehabilitation, this court has recently noted that there must be some showing which “reasonably indicates that…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

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Authorities Cited

State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
Barbera v. State, 505 So. 2d 413 (Fla. 1987)
State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988)
State v. Salony, 528 So. 2d 404 (Fla. 3d DCA 1988)
Aleta Shoemaker v. Shoemaker, 523 So. 2d 178 (Fla. 3d DCA 1988)
State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988)
State v. Whitten, 524 So. 2d 1114 (Fla. 4th DCA 1988)
State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988)
Horacio Vanegas v. State, 525 So. 2d 491 (Fla. 3d DCA 1988)

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