THE STATE OF FLORIDA, APPELLANT,
v.
ALBERTO DELGADILLO, 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 trial court's downward departure sentence imposed on a probation violator. The appellate court reverses, holding that Florida law requires written reasons for any downward departure sentence, regardless of whether the original sentence was itself a downward departure, and the trial court failed to provide such written findings.
A trial court must provide written reasons for any downward departure sentence without exception, regardless of whether the original sentence was itself a downward departure. The trial court lacked authority to depart from sentencing guidelines upon probation violation without explicit written reasons.
[1] A downward departure sentence requires written reasons, even when the original sentence was also a downward departure.
[2] A trial court lacks authority to depart from sentencing guidelines upon a probation violation without explicit written exceptions, absent contemporaneous written findings…
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“the Florida Supreme Court decisions in Pope and Ree require written reasons for a downward departure disposition, without exception, regardless that the original sentence was itself a downward departure”
Establishes the mandatory requirement for written reasons regardless of prior downward departure status
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDelgadillo pleaded no contest to one count of sexual battery and received a downward departure sentence of five years probation with a withhold of adj…
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 Appeal From Sentencing Order cases and more on FLexlaw
PER CURIAM.
The State of Florida appeals a final order sentencing Alberto Delgadillo to a downward departure sentence. We reverse.
In 1992, Delgadillo was charged with three counts of sexual battery, one count of committing a lewd assault, and one count of incest. He pled no contest to one count of sexual battery in exchange for being placed on probation for five years and a withhold of adjudication. This was a downward departure from the sentencing guidelines, which sentence contained several special conditions, including that Delgadillo must successfully complete a Mentally Disordered Sex Offender (MDSO) program.
In August of 1994, the lower court dismissed an affidavit of violation of probation alleging that Delgadillo was unsuccessfully terminated from the MDSO program. The judge ordered Delgadillo to continue in the program. In November of 1994, a second affidavit of probation violation was filed, alleging that Delgadillo had failed to comply with several conditions of his original probation. At the probation revocation hearing, the judge offered Delgadillo a plea whereby Delgadillo would admit to violating his probation, spend six months in Dade County jail, followed by five years of probation. This downward departure sentence was entered over strenuous objection by the State. The trial court did not provide any written reasons for the downward departure sentence.
In our recent opinion of State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA 1995), we held that the Florida Supreme Court decisions in Pope and Ree require written reasons for a downward departure disposition, without exception, regardless that the original sentence was itself a downward departure. Pope v. State, 561 So. 2d 554 (Fla.1990); Ree v. State, 565 So. 2d 1329 (Fla.1990). Here, the original negotiated plea, itself a downward departure, was unaccompanied by contemporaneous written findings, and therefore the trial court was without authority to depart from the sentencing guidelines upon the subsequent probation violation without explicit written exceptions. Zlockower, 650 So. 2d at 694. For this reason we reverse and vacate the downward departure sentence below and remand to allow the defendant to withdraw his plea and go to trial, or to be resentenced within the guidelines. See State v. Grononger, 615 So. 2d 869 (Fla. 3d DCA 1993). We certify to the Florida Supreme Court the same direct conflict certified in State v. Franquiz, 654 So. 2d 1068 (Fla 3d DCA 1995)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Franquiz v. State, 682 So. 2d 536 (Fla. 1996)…WELLS, Justice. We granted review of State v. Franquiz, 654 So. 2d 1068 (Fla. 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…
-
State v. Brown, 675 So. 2d 991 (Fla. 1st DCA 1996)…se a guidelines sentence, because the sentence had not been accompanied by written reasons justifying it. State v. Roman, 634 So. 2d 291 (Fla. 1st DCA 1994). The Second and Third District Courts of Appeal appear to be in accord. State v. Delgadillo, 659 So. 2d 1264 (Fla. 3d DCA 1995), review granted, No. 86,558, 668 So. 2d 603 (Fla. Feb. 1, 1996); State v. Franquiz, 654 So. 2d 1068 (Fla. 3d DCA 1995), review granted, No. 85,960, 668 So. 2d 603 (Fla. Feb. 1, 1996); State v. Zlockower, 650 So. 2d 692 (Fla. 3d DC…
-
Hunt v. State, 685 So. 2d 964 (Fla. 3d DCA 1996)…es elect to modify a probationary sentence after a violation to impose what is tantamount to a downward departure sentence, this court has said that contemporaneous written reasons for the departure sentence are required. State [*966] v. Delgadillo, 659 So. 2d 1264 (Fla. 3d DCA 1995) (“[T]he trial court was without authority to depart from the sentencing guidelines upon the subsequent probation violation without explicit written exceptions.”) (quoting State v. Zlockower, 650 So. 2d 692, 694 (Fla. 3d DCA 1995))…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Grononger, 615 So. 2d 869 (Fla. 4th DCA 1993)
- State v. Zlockower, 650 So. 2d 692 (Fla. 3d DCA 1995)
- State v. Franquiz, 654 So. 2d 1068 (Fla. 3d DCA 1995)