NATHANIEL LEE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, 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.
A sentence departing from the guidelines is invalid without contemporaneous written reasons, and reasons based on contempt for the court or conduct underlying probation violation are invalid.
The defendant was sentenced beyond the presumptive guidelines range for burglary and grand theft. The trial court cited the defendant's contempt for t…
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 Written Reasons For Departure cases and more on FLexlaw
HALL, Judge.
Nathaniel Lee Williams appeals from his judgment and sentence for burglary of a dwelling and grand theft following revocation of his community control. He argues that the trial court erred in sentencing him beyond the guidelines recommended range since it failed to base its departure on valid reasons and failed to enter its reasons for departure in writing.
The appellant’s presumptive guidelines sentence fell into the two-and-a-half to three-and-a-half years’ incarceration range. The trial court sentenced the appellant to fifteen years in prison for the burglary of a dwelling and a concurrent five-year term for the grand theft. At the hearing, the trial court stated that it was departing from the guidelines because the appellant’s conduct had shown that the appellant was contemptuous of the compassion given him twice by the court, of the orders of the court, and of society. However, it did not enter its reasons for departure in writing.
A sentence which is a departure from the guidelines cannot stand without the contemporaneous entry of written reasons. Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989). Further, the trial court’s articulated reasons for departure describing the appellant’s lack of respect for the judicial system are invalid, Weathers v. State, 508 So. 2d 1332 (Fla. 2d DCA 1987); Nodal v. State, 524 So. 2d 476 (Fla. 2d DCA), review denied, 531 So. 2d 1354 (Fla.1988), and erroneously rely on conduct underlying the violation of probation. Lambert v. State, 545 So. 2d 838 (Fla.1989).
Accordingly, we reverse and remand for resentencing within the guidelines.
SCHOONOVER, A.C.J., and THREADGILL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Americo Nodal v. State, 524 So. 2d 476 (Fla. 2d DCA 1988)
- Weathers v. State, 508 So. 2d 1332 (Fla. 2d DCA 1987)