STATE OF FLORIDA, APPELLANT,
v.
DORIS ANN MARTIN, APPELLEE
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Florida appealed a trial court's downward departure from sentencing guidelines, arguing the written reason on the scoresheet was insufficiently specific. The Fourth District Court of Appeal affirmed, holding that the trial judge's reference to "Barbera decision" was adequate when considered in context with the sentencing hearing transcript.
The court held that the written reason was sufficient. Although a full citation would have been preferable, the reference to "Barbera Decision" was adequate because there is only one Barbera case in the relevant authorities, the sentencing transcript clarified the reference, and the Barbera case directly addressed the issue at hand (drug dependency as grounds for downward departure).
[1] A written reason for a downward departure from sentencing guidelines is sufficient if it is stated on the scoresheet in the designated space.
[2] A judge's written notation on a sentencing scoresheet referencing a specific, well-known supreme court decision addressing drug dependency may be sufficient to justify a…
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Join FLexlaw to unlock all legal intelligence“Our supreme court has told us in no uncertain terms that departures from the guidelines must be accompanied by written reasons.”
Establishes the mandatory requirement for written reasons when departing from sentencing guidelines
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial judge imposed a sentence below the guidelines. On the sentencing scoresheet, in the space for "Reasons for departure," the judge wrote only …
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LETTS, Judge.
The state appeals the trial court’s judgment and sentence, claiming that the written reason for its downward departure was insufficient. We affirm.
In departing downwards, the trial judge wrote on the scoresheet “Barbera decision.” The state contends that this cryptic notation was lacking in specificity. We disagree.
Our supreme court has told us in no uncertain terms that departures from the guidelines must be accompanied by written reasons. State v. Jackson, 478 So. 2d 1054 (Fla.1985). On every sentencing score-sheet, there is a five-line space entitled “Reasons for departure.” We have held that if the judge states his reasons for departure on the scoresheet in writing, that will suffice without the necessity of a separate written order. Boynton v. State, 473 So. 2d 703, 707 (Fla. 4th DCA 1985).
Applying the above law to the case at bar, the record contains a scoresheet and it has the appropriate space entitled: “Reasons for departure.” In that space, to explain his downward departure, Judge Fran-za wrote: “Barbera Decision.” The transcript of the sentencing hearing is replete with discussion about the defendant being a drug addict and needing help. At one point, the court announced:
I am going below the guidelines because of Barbera.
These repeated references to Barbera are unquestionably addressed to the supreme court decision of Barbera v. State, 505 So. 2d 413 (Fla.1987). That decision addressed itself exclusively to the very problem now before us; that is, the upholding of a downward departure because of a drug dependency.
This is not a defendant claiming some deprivation of his rights. This appeal is taken by the state which merely advocates remand for resentencing without even arguing that it should be within the guidelines. Such would be an exercise in futility-
Had Judge Franza quoted the “Smith case” or the “Jones case” we would agree that reference to such common names, found ad nauseam in West’s Florida Table of Cases, 37 Fla. Dig.2d 1985, would be insufficient without a citation to the Southern Reporter. However, there is only one Barbera cited in the Table of Gases and on Westlaw and while we would feel more comfortable had a citation been included, we nevertheless hold that the written reason given was, in this instance, sufficient.
AFFIRMED.
WARNER and GARRETT, JJ., concur.
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State v. Herrin, 555 So. 2d 1288 (Fla. 2d DCA 1990)…505 So. 2d 413 (Fla.1987). (Emphasis added). I recognize that there are other district court of appeal opinions which cite Barbera and appear to rely simply upon drug dependency as a sufficient reason for a downward departure. See State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989); State v. Bledsoe, 538 So. 2d 94 (Fla. 3d DCA 1989); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988); State v. Mesa, 520 So. 2d 328 (Fla. 3d DCA 1988). However, those opinions do not reflect whether or not the mental faculties…
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State v. Salley, 601 So. 2d 309 (Fla. 4th DCA 1992)…nds that there was no written reason for departure, but there is in the record a court status form which shows the charges, the notation of “Barbera Plea”, and the sentence imposed. It is signed by the judge. We have already held in State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989) that “Barbera decision” written on the sentencing scoresheet in the space entitled “reasons for departure” was a sufficient writing without the necessity of separate order. Given the plea colloquy in this case which reinforces th…
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State v. Burgos, 613 So. 2d 588 (Fla. 4th DCA 1993)…imposition of a downward departure sentence pursuant to Barbera was justified.1 We further conclude that the state’s additional contention that the trial court did not provide written reasons for downward departure is meritless. See State v. Martin, 551 So. 2d 600 (Fla. 4th DCA 1989); Jordan v. State, 562 So. 2d 820 (Fla. 4th DCA), rev. denied, 569 So. 2d 1279 (Fla.1990); Torres-Arboledo v. State, 524 So. 2d 403 (Fla.), cert. denied, 488 U.S. 901, 109 S.Ct. 250, 102 L.Ed.2d 239 (1988). The state correctly ar…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)