REGINALD B. COLEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Coleman appeals his enhanced prison releasee reoffender sentence, arguing the trial court erroneously believed it lacked discretion to impose a lesser sentence under a statutory exception. The court agrees the trial judge had discretion to consider the exception when victims oppose the mandatory prison sentence, and reverses for resentencing.
The trial court has discretion to consider and apply the statutory exception under section 775.082(8)(d)1.c. allowing departure from the mandatory prison releasee reoffender sentence when the victim does not want the offender to receive the mandatory sentence and provides written statement to that effect.
[1] A trial court possesses discretion to determine the applicability of statutory exceptions to mandatory prison sentences under the Prison Releasee Reoffender Act.
[2] A trial court abuses its discretion when it imposes a mandatory sentence under the mistaken belief that it lacks discretion to consider statutory exceptions.
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Join FLexlaw to unlock all legal intelligence“Well, I guess it's not a secret that the court is not happy about having this [sentencing] discretion taken away. I mean, this is a good example of the kind [of] case the court would feel that a 15-year sentence would not be what the court would choose.”
Demonstrates the trial judge's mistaken belief that he lacked discretion and his discomfort with the mandatory sentence
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Join FLexlaw to unlock all legal intelligenceColeman was convicted of burglary of a dwelling and petit theft occurring in his drug rehabilitation counselor's home on April 19, 1997. At the time, …
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BLUE, Judge.
Reginald B. Coleman appeals from his enhanced prison releasee reoffender sentence and argues that the trial court erred because of the mistaken belief that it had no discretion in imposing the sentence. Coleman contends that the court had the discretion not to impose the enhanced sentence under a statutory exception to the otherwise mandatory prison sentence. Because we agree that the trial court possesses this discretion, we reverse and remand for resentencing.
Coleman was convicted of burglary of a dwelling and petit theft. The crimes occurred on April 19, 1997, in the home of Coleman’s drug rehabilitation counselor, where Coleman had been temporarily staying until two days prior to the incident. Following a jury trial, he was convicted as charged. Over the objections of the victims, the trial judge sentenced Coleman as a prison releasee reoffender. At the time of the incident, Coleman had relapsed into his cocaine addiction. The victims, the counselor and the counselor’s mother, were reluctant to be involved in the criminal prosecution because the State sought a lengthy prison sentence. The victims wanted Coleman to be sentenced to an extensive, long-term drug rehabilitation program and filed a letter with the court to that effect.
The State filed a notice of intent to seek classification of Coleman as a prison re-leasee reoffender pursuant to section 775.082(2), Florida Statutes (1997), which became effective May 30, 1997. See Ch. 97-239, § 7, at 4404, Laws of Fla. Coleman sought relief from the mandatory provisions of the Act pursuant to the statutory exception found in section 775.082(8)(d)l.c. when “[t]he victim does not want the offender to receive the mandatory prison sentence and provides a written statement to that effect.”
The trial judge, believing he had no discretion, sentenced Coleman to fifteen years in prison as a prison releasee reof-fender on the burglary charge. The record reflects that the judge was uncomfortable with what he considered to be a mandatory sentence and would have considered imposing a lesser sentence:
Well, I guess it’s not a secret that the court is not happy about having this [sentencing] discretion taken away. I mean, this is a good example of the kind of case the court would feel that a 15-year sentence would not be what the court would choose. And it does not really seem to be what the legislature would have contemplated. But I can’t second-guess the legislature nor can I ignore the law.
The recommended guidelines sentence was between 60.6 months to 101 months in prison.
Subsequent to Coleman’s sentencing, this court held that the trial court, rather than the prosecutor, has the responsibility to determine the applicability of the statutory exceptions to the mandatory sentences otherwise required under the Prison Releasee Reoffender Act. See State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998). The Third District has held that the sentencing provisions of the statute are mandatory and certified direct conflict with Cotton. See McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999). See also Woods v. State, 24 Fla. L. Weekly D831, 740 So. 2d 20 (Fla. 1st DCA 1999) (noting apparent conflict with Cotton’s interpretation of the Act). The Fourth District has agreed with Cotton and certified conflict with McKnight. See State v. Wise, 24 Fla. L. Weekly D657, - So. 2d -, 1999 WL 123568 (Fla. 4th DCA Mar.10, 1999).
Applying Cotton, we reverse and remand for a new sentencing hearing. See also Kelly v. State, 727 So. 2d 1084, 1085 (Fla. 2d DCA 1999) (“Since the trial court erroneously indicated that it did not have discretion in imposing the fifteen-year minimum mandatory term [habitual violent felony offender], the appellant is entitled to be resentenced.”).
Finally, we note that the record is not clear that Coleman’s offenses occurred pri-or to the effective date of the recent prison releasee reoffender statute. At the new sentencing hearing, the trial court should first determine whether the prison releas-ee reoffender statute is applicable. If so, then sentence should be imposed pursuant to this court’s decision in Cotton. We recognize and certify that this decision conflicts with McKnight and Woods.
Reversed and remanded for resentencing.
PATTERSON, A.C.J., and NORTHCUTT, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Cotton, 769 So. 2d 345 (Fla. 2000)…certified that its interpretation of the Act conflicted with both Woods and the Third District's decision in McKnight v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)(hoIding that the sentencing provisions of the Act are mandatory). See Coleman v. State, 739 So. 2d 626 (Fla. 2d DCA 1999). The Fourth District later agreed with Cotton, and also certified conflict with McKnight. See State v. Wise, 744 So. 2d 1035 (Fla. 4th DCA 1999)(holding that, pursuant to section 775.082(8)(d)l, the trial court has the responsibil…
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Vlahovich v. State, 757 So. 2d 1219 (Fla. 2d DCA 2000)…one of the statutory exceptions applied, the court was statutorily required to impose a prison releasee reoffender sentence. The court was therefore correct when it concluded that it had no discretion. The case cited by appellant, Coleman v. State, 739 So. 2d 626 (Fla. 2d DCA 1999), does not apply because in Coleman, the trial court’s belief that it had no discretion under the Act was incorrect. The court believed it had no discretion to sentence outside the Act despite the victims’ request that the defendan…
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State v. Johnson, 743 So. 2d 45 (Fla. 2d DCA 1999)…251 (Fla. 2d DCA 1998)(holding that the trial court has discretion to determine whether a defendant should be sentenced as a Prison Re-leasee Reoffender under the Prison Re-leasee Reoffender Act). See also Coleman v. State, 24 Fla. L. Weekly D1324, 739 So. 2d 626 (Fla. 2d DCA 1999); State v. Cowart, 24 Fla. L. Weekly D1085, — So. 2d -, 1999 WL 245876 (Fla. 2d DCA Apr.28, 1999); State v. Wise, 24 Fla. L. Weekly D657, 744 So. 2d 1035 (Fla. 4th DCA 1999). We acknowledge and certify conflict with Woods v. State,…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Woods v. State, 740 So. 2d 20 (Fla. 1st DCA 1999)
- McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)
- Jewell F. Raimondo v. Am. United Life Ins. Co., 728 So. 2d 251 (Fla. 5th DCA 1998)
- State v. Cotton, 728 So. 2d 251 (Fla. 2d DCA 1998)
- Kelly v. State, 727 So. 2d 1084 (Fla. 2d DCA 1999)