JOHN BRENNAN CRUTCHLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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John Crutchley appeals a departure sentence imposed after he violated the terms of his probation by using marijuana while still incarcerated and awaiting release. The appellate court affirmed the trial court's authority to impose a departure sentence upon probation revocation, relying on precedent that allows consideration of reasons for departure that existed at the time of original sentencing.
The trial court properly imposed a departure sentence upon probation revocation based on reasons existing at the time of original sentencing. A defendant may violate probation through misconduct occurring after the probation order is entered, even while incarcerated.
[1] Upon revocation of probation, a court is authorized to impose any sentence that it might have originally imposed before placing a defendant on probation.
[2] A court may properly impose a departure sentence upon revocation of probation for valid reasons that existed at the time the defendant was originally placed on probation.
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“section 948.06(1), Florida Statutes (1987), provides that upon revoking a defendant's probation the court is authorized to impose any sentence that it might have originally imposed before placing a defendant on probation.”
Establishes the statutory authority for courts to impose departure sentences upon probation revocation.
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Join FLexlaw to unlock all legal intelligenceIn 1986, Crutchley pled guilty to kidnapping, sexual battery with a deadly weapon, and two additional counts of sexual battery. The trial court impose…
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PETERSON, Judge.
John Brennan Crutchley appeals the imposition of a departure sentence following his violation of probation. Crutchley violated the terms of his probation just prior to his release from prison by inhaling marijuana during a party among inmates to celebrate his forthcoming release.
In 1986, Crutchley pled guilty to kidnapping, sexual battery with a deadly weapon, and two additional counts of sexual battery. The trial court departed upward from the recommended guideline sentence by sentencing Crutchley in the following manner:
Count I Kidnapping 20 years probation
Count II Sexual Battery with deadly weapon 25 years incarceration
Count III Sexual Battery 15 years probation
Count IV Sexual Battery 15 years probation
When Crutchley violated the terms of his probation, the trial court revoked the probation and departed from the guidelines a second time, imposing a life sentence for Count I, and 15 years probation for each of Counts II and IV, all to be served consecutively. Crutchley complains that the imposition of the second departure sentence was error. In Williams v. State, 581 So. 2d 144 (Fla.1991), the defendant received a probationary sentence which he subsequently violated. The trial court revoked probation and imposed a departure sentence, supporting it with reasons that existed at the time of the original imposition of probation. The supreme court affirmed the sentence, stating:
... (S)ection 948.06(1), Florida Statutes (1987), provides that upon revoking a defendant’s probation the court is authorized to impose any sentence that it might have originally imposed before placing a defen dant on probation. Moreover, we believe that the position advocated by Williams could have a deterrent effect on probation. A judge might be less willing to give the defendant another chance by putting him on probation if he knew that the preexisting reasons for departure could not be considered in the event the probation was violated. Thus, we hold that the court could properly impose a departure sentence for valid reasons which existed at the time he was placed on probation.
We conclude that the same reasoning set forth in Williams applies in the instant case: The trial court might have been less willing to have originally imposed some probation rather than a more lengthy prison sentence without probation, if he knew that incarceration was not an alternative upon revocation of probation.
Crutchley’s contention that he could not have violated the terms of his probation while in prison and before he began serving the probation is rejected. Misconduct occurring subsequent to the entry of an order of probation permits a court to revoke probation. Stafford v. State, 455 So. 2d 385 (Fla.1984). We find no merit in the remaining points raised on appeal.
AFFIRMED.
COBB and GOSHORN, JJ., concur.
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Johnson v. State, 864 So. 2d 1256 (Fla. 5th DCA 2004)…probationer or offender on probation or into community control. (Emphasis added). Thus, the trial court could have sentenced Johnson to any sanction which it might have originally imposed prior to placing him on probation. See Crutchley v. State, 705 So. 2d 966 (Fla. 5th DCA 1998). It appears from the record that Mr. Johnson scored a maximum of 35.75 months incarceration, unless there was an upward departure. The trial judge chose to upwardly depart and sentenced Mr. Johnson to five years in prison. The d…
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King v. State, 990 So. 2d 1191 (Fla. 5th DCA 2008)…2(1), Florida Statutes (2008). . In Martin, the court held that the defendant’s commission of a crime while incarcerated and before he started to serve the term of his probation was a sufficient basis to revoke his probation. In Crutchley v. State, 705 So. 2d 966, 967 (Fla. 5th DCA 1998), this court held that smoking marijuana before release from prison is "[mjisconduct occurring subsequent to the entry of an order of probation [that] permits a court to revoke probation.” . Appended to this court’s opinion…
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Rivera v. State (Fla. 3d DCA 2026)
Authorities Cited
- Williams v. State, 581 So. 2d 144 (Fla. 1991)
- Vendul Oliver Stafford v. State, 455 So. 2d 385 (Fla. 1984)