ROGER BRANAM, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court held that when multiple convictions carry maximum sentences that aggregate below the sentencing guidelines recommendation, a trial judge must impose consecutive sentences to bring the total as close as possible to the guidelines, absent valid reasons for departure. This clarifies that sentencing guidelines uniformity takes precedence over the discretionary choice between concurrent and consecutive sentences.
Yes. Trial judges must impose either concurrent or consecutive sentences, as appropriate, to come as close as possible to the guidelines scoresheet recommendation when statutory minimums or maximums prevent sentencing exactly within the guidelines.
[1] Sentencing guidelines are intended to eliminate unwarranted variation in the sentencing process by reducing subjectivity in interpreting offense- and offender-related cri…
[2] Unless upward or downward departures are justified by valid written reasons, a trial judge may not depart from the sentencing guidelines recommendation.
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Join FLexlaw to unlock all legal intelligence“Sentencing guidelines are intended to eliminate unwarranted variation in the sentencing process by reducing the subjectivity in interpreting specific offense- and offender-related criteria and in defining their relative importance in the sentencing decision.”
Establishes the foundational purpose of sentencing guidelines that supports the Court's holding.
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Join FLexlaw to unlock all legal intelligenceRoger Branam was convicted of sexual battery with threats of force or violence, attempted sexual battery, and false imprisonment. The sentencing guide…
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GRIMES, Justice.
We review Branam v. State, 540 So. 2d 158 (Fla. 2d DCA 1989), which certified the following question as one of great public importance:
When there are multiple convictions and maximum sentences which in the aggregate are less than called for by the sentencing guidelines scoresheet, must a trial judge impose consecutive sentences in order to bring the sentences within the guidelines or as close thereto as possible?
Id. at 159. We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution.
The petitioner, Roger Branam, was convicted of sexual battery with threats of force or violence, attempted sexual battery, and false imprisonment. Branam’s sentencing guidelines scoresheet recommended a sentence of life in prison. The trial judge sentenced Branam to terms of five years on each of the counts, to run concurrently, and listed reasons for this downward departure. The reasons given for the departure were subsequently found to be invalid, and the case was remanded for resentencing within the guidelines recommendation. Branam v. State, 526 So. 2d 117 (Fla. 2d DCA), review denied, 534 So. 2d 398 (Fla.1988).
At the resentencing hearing, the judge sentenced the petitioner to the statutory maximum terms of thirty years, five years, and five years, to be served consecutively. On appeal, the court rejected Branam’s argument that only the count for which he did not receive the statutory maximum was remanded for resentencing. Noting, however, that the trial judge believed that he had no discretion but to impose consecutive sentences, the court perceived a conflict between the guidelines and section 921.16, Florida Statutes (1987), which authorizes the imposition of either concurrent or consecutive sentences. The court affirmed the sentences but posed the certified question.
In adopting the sentencing guidelines, we stated:
Sentencing guidelines are intended to eliminate unwarranted variation in the sentencing process by reducing the subjectivity in interpreting specific offense-and offender-related criteria and in defining their relative importance in the sentencing decision.
In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848, 849 (Fla.1983). Unless upward or downward departures are justified by valid written reasons, a trial judge may not depart from the guidelines recommendation. Williams v. State, 492 So. 2d 1308 (Fla.1986). Since uniformity in the sentencing process is the goal, all sentences should reflect, or attempt to reflect, the guidelines as closely as possible unless valid reasons for departure are found. Thus, in those instances where the statutory minimums or máxi-mums preclude sentencing within the guidelines recommendation, the trial judge must impose either concurrent or consecu tive sentences, as the case may be, in order to come as close as possible to the guidelines scoresheet recommendation.
We answer the certified question in the affirmative and approve the decision of the district court of appeal.
It is so ordered.
EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, BARKETT and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (34 total)
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Pease v. State, 712 So. 2d 374 (Fla. 1997)…tures. In Whipple v. State, 596 So. 2d 669 (Fla.1992), we held that even though the judge orally stated the reasons for a downward departure, the failure to provide contemporaneous written reasons invalidated the departure. See also Branam v. State, 554 So. 2d 512, 513 (Fla.1990) (“Unless upward or downward departures are justified by valid written reasons, a trial judge may not depart from the guidelines recommendation.”). The only Supreme Court case that is cited to support the majority’s position is Smith…
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Bover v. State, 732 So. 2d 1187 (Fla. 3d DCA 1999)…fifty-two prior crimes, resulting in a recommended sentence of life imprisonment. That being so, the defendant if convicted of the fifteen pending charges could have been sentenced consecutively on each, for a total of 75 years. See Branam v. State, 554 So. 2d 512, 513-14 (Fla.1990) (“[I]n those instances where the statutory mínimums or máxi-mums preclude sentencing within the guidelines recommendation, the trial judge must impose either concurrent or consecutive sentences, as the case may be, in order to com…
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State v. Tripp, 591 So. 2d 1055 (Fla. 2d DCA 1991)…unless the trial court is attempting to bring the sentence within the guidelines recommendation, it cannot impose consecutive sentences of incarceration at a single sentencing hearing absent a valid written reason for departure. See Branam v. State, 554 So. 2d 512 (Fla.1990), approving, 540 So. 2d 158 (Fla. 2d DCA 1989); § 921.16, Fla.Stat. (1987); Fla. R.Crim.P. 3.701(d)12. By contrast, the sentencing method authorized by this case allows trial courts to greatly exceed the incarceration contemplated by the g…
Previewing 3 of 34 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re Rules of Criminal Procedure (sentencing Guidelines), 439 So. 2d 848 (Fla. 1983)
- Williams v. State, 492 So. 2d 1308 (Fla. 1986)
- Branam v. State, 540 So. 2d 158 (Fla. 2d DCA 1989)
- Branam v. State, 526 So. 2d 117 (Fla. 2d DCA 1988)