STATE OF FLORIDA, APPELLANT,
v.
ROBBY HOGAN, APPELLEE
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A downward departure sentence following a probation violation is permissible even without written reasons, if the initial sentence validly departed downward and the state previously stipulated to that departure.
The appellee received a split sentence with a downward departure from the guidelines, which was agreed to by the state. After violating probation, the…
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STONE, Judge.
Upon revocation of his probation, the appellee was sentenced to a new, extended period of probation. The sentence does not contain written reasons supporting a downward departure from the guidelines. Nevertheless, we affirm.
The appellee initially received a split sentence of four years in prison followed by two years of probation. That sentence, which was a departure below the 5V2-12 year permitted guideline range, was negotiated and agreed to by the state. That agreement was reflected on the initial scoresheet.
The appellee has served the prison portion of his sentence. We recognize that the appellee has not contested the state’s argument that reversal is mandated by Ree v. State, 565 So. 2d 1329 (Fla.1990), receded from by, Smith v. State, 598 So. 2d 1063 (Fla.1992) and Blair v. State, 598 So. 2d 1068 (Fla.1992), modified by, State v. Lyles, 576 So. 2d 706 (Fla.1991), Pope v. State, 561 So. 2d 554 (Fla.1990), and Owens v. State, 598 So. 2d 64 (Fla.1992), which require a guidelines sentence where the trial court has failed to enter written reasons for departure. However, we do not deem those authorities as controlling with respect to a downward departure following a violation of probation, where the initial sentence validly departed downward.
This court has held that the state’s prior stipulation to a downward departure is a valid ground supporting a subsequent sentence below the guidelines. State v. Devine, 512 So. 2d 1163 (Fla. 4th DCA), rev. denied, 519 So. 2d 988 (Fla.1987). Additionally, section 948.06(1), Fla.Stat. (1991) authorizes a trial court, in sentencing following a violation of probation, to impose “any sentence which it might originally have imposed before placing the probationer on probation....”
Therefore, the sentence is affirmed.
LETTS and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Franquiz v. State, 682 So. 2d 536 (Fla. 1996)…3d DCA 1995), and State v. Delgadillo, 659 So. 2d 1264 (Fla. 3d DCA 1995), and consolidated those cases, which the Third District Court of Appeal certified to be in conflict with Schiffer v. State, 617 So. 2d 357 (Fla. 4th DCA 1993), State v. Hogan, 611 So. 2d 78 (Fla. 4th DCA 1992), and State v. Glover, 634 So. 2d 247 (Fla. 5th DCA 1994). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Franquiz was charged in 1992 with three counts of sexual battery, one count of kidnapping, and one count of unlawful…1 / 2
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Schiffer v. State, 617 So. 2d 357 (Fla. 4th DCA 1993)…State, 609 So. 2d 712 (Fla. 4th DCA 1992). We also agree with defendant’s contention that the trial court erroneously believed it had to provide written reasons to justify a downward departure. We have recently held to the contrary. State v. Hogan, 611 So. 2d 78 (Fla. 4th DCA 1992). Moreover, not only does the record demonstrate that the trial court believed that it had to provide written reasons to justify departure, but the record does not indicate that the trial court understood that the prior plea agree…
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State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA 1995)…ere the initial placement on probation or community control was a downward departure disposition agreed to by the State. The fifth district has said: We find that procedurally, the facts of the instant ease are identical to those in State v. Hogan, 611 So. 2d 78 (Fla. 4th DCA 1992). In Hogan, the defendant initially received a downward departure sentence negotiated and agreed to by the state. Hogan violated his probation, and when it was revoked, he was placed on a new and extended probation which was again…
Previewing 3 of 6 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)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)
- State v. Lyles, 576 So. 2d 706 (Fla. 1991)
- Owens v. State, 598 So. 2d 64 (Fla. 1992)
- State v. Devine, 512 So. 2d 1163 (Fla. 4th DCA 1987)
- Vasten E. Blair v. State, 598 So. 2d 1068 (Fla. 1992)