RAYMOND GONZALEZ, 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.
The court held that an upward departure sentence is affirmed if at least one of the written reasons for departure is valid, even if other reasons are not.
[1] A trial court may depart upward from sentencing guidelines when the defendant demonstrates an escalating pattern of nonviolent criminal activity.
[2] Reliance on the professional manner in which a crime was committed is not a valid reason for upward departure from sentencing guidelines.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of cocaine trafficking and sentenced to 30 years, significantly above the recommended guidelines sentence. The trial court…
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 Florida Sentencing Guidelines cases and more on FLexlaw
[*649] ALTENBERND, Judge.
Raymond Gonzalez appeals his conviction and sentence for trafficking in cocaine. We affirm his conviction without comment. We also affirm his upward departure sentence because one of the three written reasons for departure is valid. § 921.001(5), Fla.Stat. (1987).
The trial court sentenced Mr. Gonzalez to 30 years’ imprisonment. The scoresheet recommended a sentence between 7 and 9 years’ imprisonment. The departure was based upon: 1) the professional manner in which the crime was committed, 2) the fact that the defendant was out on bond concerning another charge at the time of this offense, and 3) an escalating pattern of criminal conduct.
First, the trial court merely followed our precedent when it relied upon the professional manner used to commit the offense as a reason for an upward departure. Nevertheless, it is now clear that this is not a valid reason for departure. Hernandez v. State, 575 So. 2d 640 (Fla.1991). Thus, the first basis for departure cannot be sustained.
Second, the trial court used Mr. Gonzalez’s status as an accused on bond concerning an unresolved offense as a reason to depart from the guidelines. This is not permissible. Walker v. State, 555 So. 2d 1221 (Fla. 1st DCA 1989).
Finally, the trial court relied upon an escalating pattern of nonviolent criminal activity as a reason for departure. In March 1986, Mr. Gonzalez committed the offenses of battery and possession of cocaine. In April 1987, he committed the offenses of possession of cocaine, illegal display of a firearm, and possession of a firearm by a convicted felon. In December 1987, he committed this trafficking offense. Thus, the offenses begin with a misdemeanor and a third-degree felony and end with a first-degree felony. The supreme court has recently approved a pattern of escalating, nonviolent criminal activity as a valid ground for departure. Williams v. State, 581 So. 2d 144 (Fla.1991). As a result, this departure sentence is supported by a valid reason.
Affirmed.
FRANK, A.C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Browning v. State, 625 So. 2d 960 (Fla. 5th DCA 1993)…reviously held that a defendant’s legal status at the time of the offense and his prior criminal convictions are invalid reasons for departure. Fla.R.Crim.P. 3.701(d)(11); Brown v. State, 481 So. 2d 1271, 1272 (Fla. 5th DCA 1986); Gonzalez v. State, 581 So. 2d 648 (Fla. 2d DCA 1991). Nor, upon remand, can the defendant’s bond status be used and scored as prior legal constraint. This is strictly prohibited by a criminal rule of procedure and case law. See Fla.R.Crim.P. 3.701(d)(6); Jones v. State, 520 So. 2d 6…
-
Clayton v. State, 615 So. 2d 826 (Fla. 4th DCA 1993)…st the same victim. This is an invalid departure ground, as the Defendant had not been convicted on the bonded charge. E.g. Campbell v. State, 558 So. 2d 34 (Fla. 1st DCA 1989), quashed on other grounds, 577 So. 2d 932 (Fla.1991); Gonzalez v. State, 581 So. 2d 648 (Fla.2d DCA 1991). OWEN, WILLIAM C., Jr., Senior Judge, concurs. ANSTEAD, J., dissents with opinion.…
Authorities Cited
- Williams v. State, 581 So. 2d 144 (Fla. 1991)
- Hernandez v. State, 575 So. 2d 640 (Fla. 1991)
- Walker v. State, 555 So. 2d 1221 (Fla. 1st DCA 1989)