THE STATE OF FLORIDA, APPELLANT,
v.
JAMIE FIELDS, 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 State appeals a downward departure sentence imposed on Jamie Fields for robbery with a weapon. The trial court imposed a sentence of 364 days incarceration plus 18 months probation instead of the 9-12 year guidelines range, citing the defendant's drug problem and the victim's illegal activity. The appellate court reversed, holding that substance abuse alone cannot justify departure without evidence that treatment would be successful.
The court held that substance abuse standing alone cannot justify a downward departure sentence without evidence based on competent substantial evidence that treatment would be successful. The court also held that the victim's illegal conduct was an invalid basis for departure. Therefore, the downward departure sentence was improper and must be reversed.
[1] A downward departure sentence based on a defendant's drug problem requires not only a finding that the drug problem contributed to the offense and is amenable to treatmen…
[2] A victim's commission of an illegal act at the time of the offense is not a valid reason for a downward departure sentence.
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 intelligence“substance abuse, standing alone, cannot justify a departure. There must also be a finding based upon competent substantial evidence that if the defendant's sentence is reduced in order to permit treatment for the dependency, there is á reasonable possibility that such treatment will be successful.”
Establishes the legal standard for using drug problems as a basis for downward departure sentencing
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJamie Fields pled no contest to robbery with a weapon and use of a weapon in commission of a felony. The trial court imposed a downward departure sent…
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 Downward Departure Sentence cases and more on FLexlaw
PER CURIAM.
The State appeals a downward departure sentence imposed on Jamie Fields, defendant below. Defendant pled no contest to robbery with a weapon and use of a weapon in commission of a felony. The trial court imposed a downward departure sentence of 364 days incarceration, followed by 18 months probation, in lieu of the 9 to 12 years guidelines range. One of the court’s two reasons for departure was: “drug problem contributing to offense and amenable to treatment....”
While the stated reason can be a valid basis for a downward departure sentence,
substance abuse, standing alone, cannot justify a departure. There must also be a finding based upon competent substantial evidence that if the defendant’s sentence is reduced in order to permit treatment for the dependency, there is á reasonable possibility that such treatment will be successful. Expert testimony on the subject would be helpful but is not mandatory where there is other evidence to support the conclusion.
Herrin v. State, 568 So. 2d 920, 922 (Fla.1990); see also State v. Greene, 575 So. 2d 787 (Fla. 3d DCA 1991).
In the present case there is no such record evidence. The court ordered an evaluation of defendant to be performed after sentencing, but did not have the benefit of that evaluation at sentencing. Further, there are no other facts in this record which would satisfy the Herrin test.
The trial court’s second reason for a departure sentence was that the victim was “committing illegal act at time of offense.” The victim in this case was robbed while attempting to purchase drugs. We agree with the State that the second departure reason is invalid.
The downward departure sentence must be reversed and the cause remanded. Defendant must be given an opportunity to withdraw his plea. This ruling does not preclude the possibility of reimposition of a downward departure sentence if the test set forth by Herrin is satisfied.
In view of this disposition we need not reach the State's other point on appeal, except to say that the standard as to whether to impose a habitual offender disposition is set forth in paragraph 775.-084(4)(c), Florida Statutes (1991). See also Henry v. State, 581 So. 2d 928, 929-30 (Fla. 3d DCA 1991) (where habitual offender disposition is appropriate, trial court has discretion as to length of sentence).
Reversed and remanded for further proceedings consistent herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Lietzau, 651 So. 2d 1314 (Fla. 3d DCA 1995)…eparture” sentences in three felony prosecutions without reasons therefore. Herrin v. State, 568 So. 2d 920 (Fla.1990); Barbera v. State, 505 So. 2d 413 (Fla.1987), receded on other grounds, Pope v. State, 561 So. 2d 554 (Fla.1990); State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992). We therefore reverse the sentences under review, vacate appellant’s pleas which were entered in exchange for the reduced sentences and return this matter to the trial court for further proceedings on the original informations.…
-
State v. Bekowsky, 629 So. 2d 1076 (Fla. 3d DCA 1994)…PER CURIAM. As correctly conceded by the appellee, the court improperly sentenced the defendant below the proper guideline sentence in these eases. See State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992). Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the possibility of a r…
-
State v. Arthaniel Smith, 627 So. 2d 1345 (Fla. 3d DCA 1993)…PER CURIAM. As correctly noted by the appellee, this case, in which the court improperly sentenced the defendant below the proper guideline sentence, is governed by State v. Fields, 602 So. 2d 981 (Fla. 3d DCA 1992). Accordingly, the downward departure sentence imposed in this case must be reversed and the cause remanded with the defendant being given the opportunity to withdraw his plea. This ruling does not preclude the pos [*1346] sibili…
Authorities Cited
- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- Henry v. State, 581 So. 2d 928 (Fla. 3d DCA 1991)
- State v. Greene, 575 So. 2d 787 (Fla. 3d DCA 1991)
- Alexander v. Lara, 575 So. 2d 787 (Fla. 3d DCA 1991)