STATE OF FLORIDA, APPELLANT,
v.
VINCENT T. BRYANT, 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 State of Florida appealed a downward sentencing departure imposed by the trial court for Vincent Bryant's battery conviction. The appellate court reversed, finding that the trial court's reasons for departing below the sentencing guidelines were legally insufficient, and remanded for resentencing to the statutory maximum.
The trial court's downward departure was reversed. The court held that none of the trial court's three stated reasons—family support, Bryant's age and past drug problems, and parity with an uncharged participant—constituted valid grounds for departure under Florida sentencing law.
[1] Family support, standing alone, is insufficient to justify a downward departure from sentencing guidelines.
[2] A defendant's youthfulness may support a downward departure from sentencing guidelines only when accompanied by additional factors, such as marked emotional immaturity.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The support of family and friends, standing alone, will not support a downward departure.”
Establishes that family support is not a valid reason for downward sentencing departure.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceVincent Bryant, a state prisoner, was convicted of battery upon a law enforcement officer, a third degree felony. The sentencing guidelines recommende…
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 Substance Abuse cases and more on FLexlaw
PER CURIAM.
The state appeals from a sentence which was less than that recommended under the sentencing guidelines. We reverse.
Vincent Bryant, a state prisoner, was convicted of battery upon a law enforcement officer, a third degree felony. § 784.07, Fla.Stat. (1987). The guidelines called for a sentence within the 9 to 12-year range, which is substantially in excess of the statutory maximum. See § 775.082(3)(d), Fla.Stat. (1987). The trial court departed downward and imposed a sentence of two years.
The following reasons were furnished to support the downward departure: (1) Bryant’s “strong family support”, as evidenced by the presence of family members throughout the proceedings, “suggesting a better opportunity for rehabilitation”; (2) Bryant’s age and drug problems “at the time his original record was compiled,” ie., at the time of the offense for which Bryant was serving prison time when the present offense occurred; (3) The desirability of providing “a disposition closer to parity with an ‘uncharged participant’ who would have been a codefendant, if arrested.” We agree with the state that none of these reasons is valid.
The support of family and friends, standing alone, will not support a downward departure. State v. Daughtry, 505 So. 2d 537 (Fla. 4th DCA), rev. dism., 511 So. 2d 999 (Fla.1987). The defendant’s youthfulness is not a proper basis for departure unless additional factors, such as marked emotional immaturity, are also present. State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988). Bryant’s age at the time of the prior offense is irrelevant, particularly given the fact he had been incarcerated for over six years when the present charges were brought. Similarly, while Bryant may have had a drug problem at some point in the past, there is no indication in the record before us that the problem continued beyond that point. At most there is evidence that Bryant and a fellow prisoner may have been in possession of a marijuana cigarette. This does not equate to substance abuse severe enough to war-' rant mitigation of sentence. See, e.g., State v. Francis, 524 So. 2d 1172 (Fla. 4th DCA 1988). Finally, the record does not support a finding that another individual participated in the offense. Another inmate was “in some way involved” only to the extent the battery occurred during a correctional officer’s attempt to investigate the possible use of marijuana by Bryant and that inmate. Thus, even if “parity” were otherwise a valid consideration, it is immaterial in the present case.
The departure sentence is reversed and this case is remanded with directions to resentence Bryant to the statutory maximum. State v. Martin, 502 So. 2d 1371 (Fla. 2d DCA 1987).
CAMPBELL, C.J., and SCHEB and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Ashley, 549 So. 2d 226 (Fla. 3d DCA 1989)…wnward departure. We reverse because no reason enunciated for departure is valid. The defendant’s age is not a valid reason for departure unless additional factors, such as emotional immaturity or lack of intelligence, are present. State v. Bryant, 546 So. 2d 1112 (Fla. 2d DCA 1989); State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988); but see State v. Davis, 538 So. 2d 537 (Fla. 2d DCA 1989). There is no evidence that Ashley possesses less intelligence or emotional maturity than any other twenty-nine year old…
-
State v. Whiddon, 554 So. 2d 651 (Fla. 1st DCA 1989)…at was amended after the offense was committed but before trial). . Florida Rule of Appellate Procedure 9.140(c)(l)(I) permits the state to appeal an illegal sentence. . See State v. Ashley, 549 So. 2d 226, 226 (Fla. 3d DCA 1989); State v. Bryant, 546 So. 2d 1112, 1113 (Fla. 2d DCA 1989); State v. Davis, 537 So. 2d 192, 193 (Fla. 2d DCA 1989); State v. Riley, 530 So. 2d 1081, 1082 (Fla. 3d DCA 1988); State v. Collins, 482 So. 2d 388, 389 (Fla. 5th DCA 1985).…
-
State v. Brackett, 547 So. 2d 272 (Fla. 2d DCA 1989)…e. Id. Regarding the third reason, the record contains no evidence to support any of its components, except substantial support of friends. However, support of friends, without more, is insufficient to sustain a departure sentence. State v. Bryant, 546 So. 2d 1112, 14 F.L.W. 1244 (Fla. 2d DCA 1989). We cannot determine whether the trial judge felt constrained by the prior plea negotiations or was using them as a valid reason for departure. Nickerson. While intoxication may be a valid reason, it is not suppor…
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
- State v. Daughtry, 505 So. 2d 537 (Fla. 4th DCA 1987)
- State v. Martin, 502 So. 2d 1371 (Fla. 2d DCA 1987)
- White v. State, 524 So. 2d 1172 (Fla. 4th DCA 1988)
- State v. Kilby Holton, 530 So. 2d 1081 (Fla. 3d DCA 1988)
- State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988)