STATE OF FLORIDA, APPELLANT,
v.
TONY BROWN, APPELLEE
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Florida's appellate court affirmed a sentence of community control and probation for cocaine possession, holding that the trial court properly exercised statutory discretion to impose probation in lieu of imprisonment for enumerated drug offenses under section 948.034(2), Florida Statutes.
A trial court may impose probation in lieu of imprisonment for certain drug offenses enumerated in section 893.13 when authorized by section 948.034(2), Florida Statutes, and such sentences are not improper departures from sentencing guidelines.
[1] Section 948.034(2), Florida Statutes, grants trial courts discretion to impose probation in lieu of imprisonment for certain enumerated drug offenses under section 893.13…
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Join FLexlaw to unlock all legal intelligenceAppellee pled guilty to possession of cocaine in violation of sections 893.03(2)(a)4 and 893.13(6)(a), Florida Statutes. The trial court sentenced him…
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PER CURIAM.
Appellee pled guilty to one count of possession of cocaine in violation of sections 893.03(2)(a)4. and 893.13(6)(a), Florida Statutes (1997). The trial court sentenced appel-lee to two years of community control, ordered successful completion of a substance abuse treatment program and participation in a drug abuse self-help group, imposed a $1500 fine, and required 200 hours of community service. We reject the State’s argument on appeal that this is an improper departure sentence without valid reasons. In fact, the legislature specifically gave trial judges the discretion to impose such sentences, outside the sentencing guidelines, for certain enumerated drug offenses. Section 948.034(2), Florida Statutes (1997) provides:
(1) On or after October 1,1993, any person who violates s. 893.13(l)(a)2., (2)(a)2., (5)(b), or (6)(a) may, in the discretion of the trial court, be required to successfully complete a term of probation in lieu of serving a term of imprisonment as required or authorized by s. 775.084 [habitual offender statute] or s. 921.001 [sentencing guidelines]....
The language “in lieu of serving a term of imprisonment as required or authorized by ... s. 921.001” is clear and unambiguous and must be construed according to its plain meaning. See State v. Dugan, 685 So. 2d 1210, 1212 (Fla.1996) (“If the language of the statute is clear and unambiguous, a court must derive legislative intent from the words used....”).
AFFIRMED.
GUNTHER, STEVENSON, JJ., and BAKER, MOSES, Jr., Associate Judge, concur.
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Fernandez v. State, 21 So. 3d 155 (Fla. 4th DCA 2009)…66); see also Gopar-Santana v. State, 862 So. 2d 54, 55 (Fla. 2d DCA 2003); Gil v. State, 266 So. 2d 43, 45 (Fla. 3d DCA 1972). An interpreter is required, however, when audio recordings in Spanish are admitted into evidence. See Hernandez v. State, 723 So. 2d 857, 859 (Fla. 4th DCA 1998) (stating that the jury should have been provided with an interpreter to translate Spanish-language audio tapes); Hutchens v. State, 469 So. 2d 924, 925 (Fla. 3d DCA 1985) (same). In this appeal, Fernandez claims that the tr…
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State v. Alethia Jones, 772 So. 2d 40 (Fla. 2d DCA 2000)…nce abuser. The trial court concluded that it had the discretion under section 948.01(13) to order drug offender probation in lieu of imprisonment under the sentencing guidelines. In a separate written order, the trial court cited to State v. Brown, 723 So. 2d 857 (Fla. 4th DCA 1998), and State v. Williams, 759 So. 2d 1 (Fla. 4th DCA 1998), to support the sentence which was allegedly being imposed, not as a departure sentence, but outside the guidelines. Jones executed a written plea of nolo con-tendere to th…
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Mendez-Martinez v. State, 232 So. 3d 5 (Fla. 4th DCA 2017)…DCA 2003). Further, when the State seeks to admit into evidence a recording in Spanish, generally “a sworn interpreter must be provided to translate such conversations as may be necessary to preclude the potential of prejudice.” Hernandez v. State, 723 So. 2d 857, 859 (Fla. 4th DCA 1998); see also Hutchens v. State, 469 So. 2d 924, 925 (Fla. 3d DCA 1985) (finding the court erred in allowing the State to admit audio recordings into evidence “without having such recording translated into English for the jurors…
Authorities Cited
- State v. Dugan, 685 So. 2d 1210 (Fla. 1996)