LEWIS BURL LONG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A plea agreement provides sufficient reason for an upward departure sentence without written reasons, and fines are inherently part of a sentence, not requiring specific notice under Jenkins. However, costs require statutory authority for adequate notice.
Appellant was sentenced following a plea agreement. The sentence included an upward departure from guidelines, a fine, and costs. Appellant challenged…
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PER CURIAM.
Appellant raises two points in this appeal. The first point alleges that it was error for the trial judge to depart upward from the recommended guideline sentence without providing written reasons for doing so. However, the sentence imposed herein was pursuant to a plea agreement. This is sufficient reason for departing from the guidelines and, under these circumstances, written reasons for departure need not be given. Davis v. State, 528 So. 2d 521 (Fla. 2d DCA 1988).
Appellant’s second point challenges the imposition of a fine and costs alleging no notice or opportunity to be heard in violation of Jenkins v. State, 444 So. 2d 947 (Fla.1984). We hold that Jenkins does not apply to fines because fines are part of the potential sentence for particular crimes of which defendants are inherently on notice.
We do find that the $250.00 cost provision was imposed in violation of Jenkins and must be vacated. The state argues that Henriquez v. State, 513 So. 2d 1285 (Fla. 2d DCA 1987) controls because costs were imposed in open court without objection by appellant. However, the judge did not give statutory authority for imposing costs. This has been held to deprive a defendant of adequate notice and opportunity to object. Gloster v. State, 528 So. 2d 1288 (Fla. 2d DCA 1988). Therefore, we strike the imposition of costs but otherwise affirm.
FRANK, A.C.J., and THREADGILL and PARKER, JJ., concur.
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State v. Williams, 667 So. 2d 191 (Fla. 1996)…v. State, 598 So. 2d 188 (Fla. 1st DCA 1992); Wolf v. State, 595 So. 2d 1078 (Fla. 1st DCA 1992); Hammond v. State, 591 So. 2d 1119 (Fla. 1st DCA 1992); but see Cecil v. State, 596 So. 2d 461, 462 (Fla. 1st DCA 1992). Second DCA: See Long v. State, 540 So. 2d 903 (Fla. 2d DCA 1989); but see State v. Esbenshade, 493 So. 2d 487 (Fla. 2d DCA 1986). Fifth DCA: See Brooks v. State, 649 So. 2d 329 (Fla. 5th DCA 1995); Smith v. State, 553 So. 2d 748 (Fla. 5th DCA 1989); but see Williams v. State, 618 So. 2d 773, 77…
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Casmay v. State, 569 So. 2d 1351 (Fla. 3d DCA 1990)…d therewith, the Second District Court of Appeal has similarly held that no written reasons need be given to justify a sentencing-guidelines departure where, as here, the sentence is imposed pursuant to a valid plea-bargain agreement. Long v. State, 540 So. 2d 903 (Fla. 2d DCA 1989); Davis v. State, 528 So. 2d 521 (Fla. 2d DCA), rev. denied, 536 So. 2d 243 (Fla.1988). We entirely agree. Moreover, we do not read Pope v. State, 561 So. 2d 554 (Fla. 1990) and State v. Jackson, 478 So. 2d 1054 (Fla.1985) to comp…
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State v. Jones, 579 So. 2d 884 (Fla. 2d DCA 1991)…the trial court failed to provide written reasons for the downward departure. Although generally, no written reasons are required for a departure based upon a negotiated plea agreement, see Smith v. State, 529 So. 2d 1106 (Fla.1988); Long v. State, 540 So. 2d 903 (Fla.2d DCA 1989), the state was not a party to the plea agreement between the court and the defendant in this case. Upon remand, the trial court shall give the defendant the opportunity to withdraw his plea. See Stranigan v. State, 457 So. 2d 546 (…
Authorities Cited
- Jenkins v. State, 444 So. 2d 947 (Fla. 1984)
- Davis v. State, 528 So. 2d 521 (Fla. 2d DCA 1988)
- Henriquez v. State, 513 So. 2d 1285 (Fla. 2d DCA 1987)
- Clem Gloster v. State, 528 So. 2d 1288 (Fla. 2d DCA 1988)