STATE OF FLORIDA, APPELLANT,
v.
RICHARD PAYNE, APPELLEE
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The State appealed the trial court's downward departure sentence imposed on Richard Payne for violating community control, arguing the trial court failed to provide written reasons for the departure. The appellate court reversed and remanded, holding that written reasons for downward departure are required even in revocation cases arising from plea agreements.
Trial courts are required to provide written reasons for downward departure on revocation of probation or community control, even if the original sentence was pursuant to a plea agreement. An initial downward departure is not automatically a valid reason for a downward departure of a revocation sentence.
[1] A trial court must provide written reasons for a downward departure sentence upon revocation of probation, even if the original sentence was pursuant to a plea agreement.
[2] An initial downward departure sentence is not always a valid reason for a downward departure sentence upon revocation of probation.
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Join FLexlaw to unlock all legal intelligence“trial courts are required to provide written reasons for downward departure on revocation of probation even if the original sentence was pursuant to a plea agreement”
Establishes the primary holding that written reasons are mandatory regardless of plea agreement status
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Join FLexlaw to unlock all legal intelligencePayne pleaded guilty to shooting at, within, or into a building and received one year in county jail plus one year probation. When Payne violated prob…
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PARKER, Judge.
The State of Florida appeals the trial court’s sentence of Richard Payne for a violation of community control, which was a sentencing guidelines downward departure-without written reasons. We reverse and remand for resentencing.
Payne’s original sentence was for shooting at, within, or into a building in violation of section 790.19, Florida Statutes (1993). He pleaded guilty and received a sentence of one year in the county jail followed by one year of probation. The sentencing documents reflect that the trial court would not apply the sentencing guidelines. Thereafter, Payne violated his probation, and the trial court imposed a downward departure sentence of eighteen months’ community control based upon a negotiated plea. Four months later, Payne again violated his community control by failing to remain at his approved residence.
The trial court imposed a downward departure sentence of three years’ incarceration, which was suspended, and thirty months’ probation.
The trial court imposed a departure sentence because Payne was “worth taking a chance on.” The state objected to the downward departure sentence. The guidelines sentence provided for thirty-four to fifty-eight months’ incarceration.
The state correctly argues that the trial court failed to provide written reasons for departure. Further, the trial court did not sufficiently orally articulate reasons for downward departure. Payne argues that the trial court did not have to file written reasons or orally articulate the reasons on the record because his original sentence was based on a plea agreement which provided that the trial court would not impose a sentence within the guidelines.
However, the supreme court recently held that trial courts are required to provide written reasons for downward departure on revocation of probation even if the original sentence was pursuant to a plea agreement. Franquiz v. State, 682 So. 2d 536, 537-39 (Fla.1996).
The court concluded that an initial downward departure was not always a valid reason for a downward departure of a revocation sentence. Id. Further, the court concluded that upon remand the trial court, with valid reasons, could impose a downward departure sentence in any sentencing which occurred prior to the Fmnquiz opinion.
We reverse and remand this case to the trial court for resentencing with directions that the trial court may impose a downward departure sentence again, provided that the trial court files valid written reasons for the departure.
CAMPBELL, A.C.J., and HALL, VINCENT T., Senior Judge, concur.
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Citator
Cited By
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State v. Barr, 947 So. 2d 1277 (Fla. 3d DCA 2007)…85 and F05-14. As the record reflects that the trial court failed to provide any reasons for its downward departure from the sentencing guidelines, either in writing or by orally pronouncing its reasons at sentencing, we reverse. See State v. Payne, 684 So. 2d 863, 864 (Fla. 2d DCA 1996)(holding that when a trial court enters a downward departure from the sentencing guidelines, it must provide valid written reasons for doing so); State v. Sherrill, 678 So. 2d 7, 7 (Fla. 3d DCA 1996)(same); see also Pease v. S…
Authorities Cited
- Franquiz v. State, 682 So. 2d 536 (Fla. 1996)