STATE OF FLORIDA, APPELLANT,
v.
MYCHEL MARIE COOK, 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 court held that a trial court must provide written reasons for a downward departure sentence and, when multiple offenses are involved, must impose consecutive maximum sentences to approximate the guidelines range.
The trial court imposed a downward departure sentence of probation for a defendant whose guidelines score indicated 27-40 years incarceration, failing…
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.
The state appeals from the downward departure sentence imposed upon Mychel Marie Cook for four counts of uttering a forged instrument and one count of grand theft. It argues that the trial court failed to provide written reasons for departure. We reverse and remand for resentencing.
The appellee’s guidelines score fell into the range calling for 27 to 40 years’ incarceration in state prison because of the appellee’s extensive prior record. At sentencing, the trial court stated that it was willing to adopt the “alternative sentencing plan” proposed by the defense, and sentenced the appellee to five concurrent terms of five years’ probation; however, it failed to state any reasons or enter written reasons in the record for the downward departure.
The supreme court in Pope v. State, 561 So. 2d 554 (Fla.1990), stated that when a trial court fails to provide written reasons for departure, it may not again depart from the guidelines on remand, but must resen-tence the defendant within the guidelines if the guidelines score is a legal sentence. Further, in Branam v. State, 554 So. 2d 512 (Fla.1990), the supreme court held that when there are multiple offenses pending before the court having statutory maximum sentences which total less than the sentence called for by the guidelines, the trial court must impose consecutive terms of the maximum legal sentence to bring the total sentence as close as possible to the recommended guidelines range.
Therefore, under Pope and Branam, this court is compelled to reverse the appellant’s sentence and remand for resentencing to consecutive terms of five years, the statutory maximum, for each of the offenses to reach as nearly as possible the 27-40 year range recommended by the guidelines.
SCHEB, A.C.J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
White v. State, 618 So. 2d 354 (Fla. 1st DCA 1993)…did not, we note that Branam, on which the state premised its suggestion that the trial court was bound to achieve a particular sentencing result, did not involve sentencing under the habitual offender statute. 554 So. 2d at 512; See State v. Cook, 571 So. 2d 22 (Fla. 2d DCA1990). Given the trial court’s decision to sentence Appellant as a habitual violent felony offender, we believe Burdick affords greater leeway in sentencing than was either suggested by the state or understood by the trial court. See Ell…
-
State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)…receded from on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). In failing to provide contemporaneous written reasons for departing downward, the trial court erred. State v. McCulloch, 573 So. 2d 395 (Fla. 5th DCA 1991); State v. Cook, 571 So. 2d 22 (Fla. 2d DCA 1990). On remand, the trial court must resentence defendant within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990). Accordingly, we reverse the departure sentence and remand for a guideline sentence. REVERSED AND REMANDED.…
-
State v. Dreyer, 594 So. 2d 327 (Fla. 2d DCA 1992)…cause the trial court failed to provide written reasons for the downward departure from the recommended guidelines range, we reverse defendant’s sentences for grand theft and forgery, and remand for resentencing within the guidelines. State v. Cook, 571 So. 2d 22 (Fla. 2d DCA 1990). FRANK, Acting C.J., and PATTERSON and ALTENBERND, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Branam v. State, 554 So. 2d 512 (Fla. 1990)