STATE OF FLORIDA, APPELLANT,
v.
STEPHANIE A. CARDER, 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 sentence imposed on Carder for felony retail theft. The trial court imposed a back-end split sentence (probation with conditional future incarceration) within the guideline range but without written departure reasons. The court holds this constitutes an impermissible downward departure requiring written justification.
A back-end split sentence is a downward departure from mandatory guideline sentencing because it conditions incarceration on probation violation, making it less certain than a guideline sentence. Written justification is therefore required for such sentences, and the trial court's failure to provide written reasons necessitates reversal and resentencing.
[1] A "back end split sentence," where incarceration is conditional upon violation of probation, constitutes a departure from guideline sentencing that requires written reaso…
[2] Sentences imposed outside the permitted guideline range must be accompanied by a written statement of the reasons for departure.
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“Any sentence outside the permitted guideline range must be accompanied by a written statement delineating the reasons for departure.”
States the controlling rule under Florida Rules of Criminal Procedure 3.701(d)(11) that the trial court violated
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarder pleaded guilty to felony retail theft. Her sentencing guidelines scoresheet totaled 83 points, placing her within the permitted range of 2½ to …
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 Probationary Sentence cases and more on FLexlaw
HARRIS, Chief Judge.
Appellant, State of Florida, timely appeals the sentence imposed against appellee, Stephanie A. Carder. The facts are not in dispute. Carder pled guilty to felony retail theft. Her scoresheet total of 83 points placed her within a permitted range of 2½ to 5½ years incarceration. The trial court, instead, imposed the following sentence:
BACK END SPLIT SENTENCE
The Court does hereby adjudge the defendant guilty of Felony Retail Theft and does hereby place the defendant on probation for a term of 2½ years. After you have served your probation of 2½ years, then you will be sentenced to 2½ years in State Prison in the Custody of the Department of Corrections.
If you meet the terms and conditions of the probation, the term of incarceration will be modified by the Court to eliminate the term of incarceration in State Prison. If you do not complete or comply with the conditions imposed during probation, then the specified period of incarceration will follow the period of probation supervision. Not less than thirty (30) days before the term of probation expires, you will need to set a hearing with the Court to demonstrate that you have met the terms and conditions of your probation. (Section 948.01(13) Florida Statutes).1 The issue is whether this sentence which makes incarceration conditional is a downward departure without written reasons in violation of Florida Rules of Criminal Procedures 3.701(d)(ll):
Any sentence outside the permitted guideline range must be accompanied by a written statement delineating the reasons for departure.
It appears to us that the purpose of the guideline sentence concept is to assure that a sentence between the minimum and maximum sentence range is actually imposed on and served by the defendant unless there are appropriate reasons expressed in writing to do otherwise. A back end split sentence is nothing more than a straight probationary sentence with the threat of a specific term of incarceration included in the judgment should a violation occur. The threatened incarceration, however, will not occur unless there is a violation of the terms of probation. This conditional imposition of incarceration is a departure from the mandatory concept of guideline sentencing and written reasons are required.
It is possible that the legislature intended to exempt from guideline consideration those sentences imposed under the authority of section 948.01(11). We therefore certify the following question to the Supreme Court:
IS A REVERSE SPLIT SENTENCE A DOWNWARD DEPARTURE FROM THE GUIDELINES WHICH REQUIRES WRITTEN JUSTIFICATION?
REVERSED and REMANDED for resentencing.
PETERSON and DIAMANTIS, JJ., concur. . This appears to be an incorrect statutory reference. Apparently the court is referring to sec tion 948.01(11), Florida Statutes. Although this section is somewhat inartfully drawn, it appears to authorize this "stick following the carrot” type sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carder v. State, 642 So. 2d 742 (Fla. 1994)…PER CURIAM. We review State v. Carder, 625 So. 2d 966 (Fla. 5th DCA 1993), in which the court certified the following as a question of great public importance: IS THE REVERSE SPLIT SENTENCE A DOWNWARD DEPARTURE FROM THE GUIDELINES WHICH REQUIRES WRITTEN JUSTIFICATIONS? Id. at 967. We have jurisdic…
-
State v. Disbrow, 626 So. 2d 1123 (Fla. 5th DCA 1993)…years in the DOC, consecutive to the DOC portion of case no. 87-5228-CFA. On that sentence, the court recommended a back end of a split sentence. Thus, Disbrow was released to community control. We recently dealt with this issue in State v. Carder, 625 So. 2d 966 (Fla. 5th DCA 1993). There, Carder pled guilty to felony retail theft and received a back end split sentence. We held that a back end split sentence was nothing more than a straight probationary sentence with the threat of incarceration included if…
-
State v. Guilford, 633 So. 2d 548 (Fla. 5th DCA 1994)…GOSHORN, Judge, concurring specially. I agree that our decision in State v. Carder, 625 So. 2d 966 (Fla. 5th DCA 1993) mandates that the sentences be reversed. I would certify the same question this court certified in Carder, supra.…1 / 2