STATE OF FLORIDA, APPELLANT,
v.
CLIFFORD MCCALL, APPELLEE
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A downward departure sentence requires written reasons, and the failure to provide them necessitates reversal.
[1] A downward departure sentence imposed for violation of community control must be accompanied by written reasons for the departure.
[2] Failure to provide written reasons for a downward departure sentence requires reversal and remand for resentencing within the sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceThe defendant violated community control after pleading guilty to grand theft. The trial court reimposed a community control sentence without providin…
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GRIFFIN, Judge.
The state has appealed a downward departure sentence for grand theft of a motor vehicle imposed after the defendant pled guilty to violation of community control. The defendant was a thirty-eight year old male with a two-year college education. He has a history of drug abuse and has AIDS. He also has an extensive criminal record.
The defendant had originally pled guilty to the grand theft charge based on a plea agreement that he would receive twenty-four months community control followed by two years probation. The defendant’s guidelines scoresheet reflected a recommended sentence of seven to nine years in the Department of Corrections. The stated reason for the original downward departure was “negotiated plea”.
Approximately one year later, the defendant was arrested for violation of his community control. This time the plea agreement provided he would plead guilty to violation of community control and would receive a sentence under the sentencing guidelines. At the sentencing hearing, the state asked for the maximum sentence (five years); the defense sought reimposition of the prior sentence. The court agreed to give the defendant “one more chance” and reimposed a two-year community control sentence, subject to the “same terms and conditions previously imposed.” No written reasons for departure were issued.
We agree with the state that the failure to provide written reasons for the downward departure on the resentencing for violation of community control requires reversal. Any sentence outside the permitted guideline range must be accompanied by a written statement delineating the reasons for the departure. Fla.R.Crim.P. 3.701(d)(11). Because no written reasons were provided, on remand, the trial court must resentence within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990); State v. Reliford, 568 So. 2d 534 (Fla. 3d DCA 1990); State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990).
REVERSED and REMANDED FOR RE-SENTENCING.
GOSHORN and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)…The Florida appellate cases uniformly require that contemporaneous written reasons be given by trial courts for all criminal sentences imposed outside the applicable guidelines ranges whether the departure is upwards or downwards. State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So. 2d 204 (Fla. 5th DCA 1990); State v. Bradley, 541 So. 2d 1261 (Fla. 3d DCA 1989); State v. Jones, 525 So. 2d 512 (Fla. 4th DCA 1988). The consequence of failing to give contemporaneous written reasons…
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State v. Glover, 634 So. 2d 247 (Fla. 5th DCA 1994)…e court gave no oral or written reasons for departure; however, the imposition of community control and probation were in accord with Glover’s original plea agreement. The State urges that this case is controlled by our decision in State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1991). We disagree. While both McCall and Glover were initially placed on community control pursuant to a downward departure plea negotiated with the State, McCall subsequently pled guilty to the violation of his community control with…
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State v. Lyons, 578 So. 2d 489 (Fla. 5th DCA 1991)…his reasons for imposing concurrent terms of two years followed by two years’ probation for each offense, but written reasons were not placed into the record. Written reasons are required for both downward and upward departures. See State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So. 2d 204 (Fla. 5th DCA 1990). A sentencing transcript does not satisfy the requirement of written reasons for a departure. See State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from on other grounds,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- State v. Fraser, 564 So. 2d 1262 (Fla. 2d DCA 1990)
- State v. Reliford, 568 So. 2d 534 (Fla. 3d DCA 1990)