RONALD JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Ronald Jones appealed his conviction and ten-year habitual offender sentence, challenging the trial court's denial of his motion to withdraw his guilty plea and the validity of the sentencing departure. The Fourth District Court of Appeal affirmed, holding that while the trial court improperly cited habitual offender status as the written basis for departure, the departure was nonetheless valid because it was supported by the underlying plea-bargain agreement.
The court affirmed the denial of the motion to withdraw the guilty plea and the ten-year sentence, holding that although habitual offender status is an insufficient basis for sentencing departure under guidelines law, the departure was valid and adequately supported by the underlying plea-bargain agreement that was evident from the record.
[1] A trial court may depart from sentencing guidelines when the departure is based on a plea-bargain agreement, even if not explicitly stated in writing as the reason for de…
[2] A defendant's failure to appear for sentencing after entering a guilty plea can be a basis for denying a motion to withdraw the plea.
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Join FLexlaw to unlock all legal intelligence“the plea-bargain agreement is a sufficient basis for the trial court to depart from the sentencing guidelines”
Establishes the primary holding that plea-bargains support guidelines departures
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Join FLexlaw to unlock all legal intelligenceRonald Jones was charged with grand theft in July 1988. On January 31, 1989, he signed an Acknowledgement and Waiver of Rights form, waiving his jury …
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PER CURIAM.
Appellant, Ronald Jones, was charged by information with the crime of grand theft, committed on July 29, 1988. On September 16, 1988, the state filed a “Notice of Intent to Seek Enhanced Penalty Pursuant to Florida’s Habitual Felony Offender Statute.”
On January 31, 1989, appellant executed a form entitled “Acknowledgement and Waiver of Rights.” In this document, the appellant waived his right to a jury trial by pleading guilty. The document reflects that the maximum penalty for the offense, grand theft, is five years. The document also set forth the proposed disposition of the instant cause upon a plea of guilty as “10 years FSP” to be mitigated to two and one-half years FSP when appellant appeared for sentencing. The document was signed by appellant, an assistant public defender, and an assistant state attorney.
At a plea conference, held that same day, January 31st, the trial judge questioned Jones with regard to the Acknowledgment and Waiver of Rights form and found it to be voluntary. The guilty plea was accepted and sentencing scheduled for one week hence, after a week’s furlough. The trial judge cautioned Jones that the intended ten-year sentence as an habitual offender would be mitigated at the sentencing only if he showed up at the appointed time.
When Jones failed to appear for the scheduled sentencing, he was rearrested. In due course, Jones’s counsel moved to withdraw as counsel and Jones filed a motion to withdraw his guilty plea. The court denied the motion to withdraw the guilty plea after an evidentiary hearing; it found that Jones was fully informed of his rights and appreciated the effects of his plea. Accordingly, the court denied the motion, declared appellant to be an habitual offender, and sentenced him to ten years in prison. An amended guidelines score sheet was filed that reflected the departure from the guidelines recommended range of three and one-half to four and one-half years and noted the basis for the departure as “defendant declared habitual offender.” No other written grounds appeared in the record to support the departure.
On appeal, Jones contends the trial court erred in denying this motion to withdraw his guilty plea; in departing from the guidelines recommended sentence on the sole ground that Jones was an habitual offender; and in failing to set forth written findings to support the determination of habitual offender status.
We affirm the trial judge’s actions in all respects. We hold that the plea-bargain agreement is a sufficient basis for the trial court to depart from the sentencing guidelines. Quarterman v. State, 527 So. 2d 1380 (Fla.1988). However, he chose as his written departure reason the adjudication of appellant as an habitual offender, an insufficient ground for departure from the guidelines, Whitehead v. State, 498 So. 2d 863 (Fla.1986); Winters v. State, 522 So. 2d 816 (Fla.1988); Tillman v. State, 525 So. 2d 862 (Fla.1988).
Despite the fact that the departure sentence cannot be based upon such invalid written reason, it can be based upon the plea-bargain agreement. Although the plea-bargain agreement was not set forth in writing as the basis for the departure sentence, it was clearly evident from the record that this was the case. As a result, the departure sentence was adequately supported by the plea-bargain agreement. McMullen v. State, 570 So. 2d 1032 (Fla. 4th DCA 1990); Casmay v. State, 569 So. 2d 1351 (Fla. 3d DCA 1990).
Accordingly, the departure sentence appealed from is affirmed.
DOWNEY, POLEN and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Floyd v. State, 576 So. 2d 846 (Fla. 5th DCA 1991)…cur. . Appellant had agreed to be sentenced as an habitual offender in exchange for the state dropping two other cases; however, appellant’s plea agreement did not include an agreement to be sentenced above the guidelines. Compare Jones v. State, 573 So. 2d 165 (Fla. 4th DCA 1991). . The trial court’s findings of habitual offender status were adequate to meet the requirements of the statute. § 775.084, Fla.Stat. (1987).…
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Place v. State, 582 So. 2d 1261 (Fla. 4th DCA 1991)…PER CURIAM. Affirmed upon authority of Jones v. State, 573 So. 2d 165 (Fla. 4th DCA 1991). DOWNEY, WARNER and FARMER, JJ., concur.…
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Jowett v. State, 739 So. 2d 121 (Fla. 5th DCA 1999)…e possibility of an enhanced sentence upon the commission of a new offense and the trial court gave one cryptic, invalid written reason for departure. No attempt was made to write as a reason the violation of the plea agreement. C.f. Jones v. State, 573 So. 2d 165 (Fla. 4th DCA 1991) (invalid written reason for departure, but the specific prison term imposed was contemplated by the plea agreement and clearly evident from the record). The trial court’s invalid written reason for departure differs completely fr…
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
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- THE Florida BAR v. Mullins, 527 So. 2d 1380 (Fla. 1988)
- Winters v. State, 522 So. 2d 816 (Fla. 1988)
- Tillman v. State, 525 So. 2d 862 (Fla. 1988)
- Casmay v. State, 569 So. 2d 1351 (Fla. 3d DCA 1990)
- McMULLEN v. State, 570 So. 2d 1032 (Fla. 4th DCA 1990)