STATE OF FLORIDA, APPELLANT,
v.
HORACE WOODSON, APPELLEE
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Florida appellate court vacated a downward departure sentence for burglary and dealing in stolen property, holding that the trial court's reasons—restitution needs and minor participant status—lacked factual support.
A downward departure sentence must be supported by findings of fact, and neither restitution needs nor minor participant status were factually supported here.
[1] A trial court's downward departure sentence must be supported by specific findings of fact; unsupported reasons such as restitution needs or minor participant status cann…
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Join FLexlaw to unlock all legal intelligenceWoodson, a felon on probation, pleaded guilty to violation of probation and three counts of dealing in stolen property after burglary charges were dro…
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DAUKSCH, J.
This is an appeal from a downward departure sentence. The trial court gave two reasons for the departure. First, that the need for restitution out-weighed the benefit of imprisonment. Second, that appellee was a minor participant in the crimes. Neither reason is supported by a factual basis and thus must be discounted. This appellee was a felon on probation when he was charged in this case with burglary, grand theft and dealing in stolen property. He pleaded guilty, in accordance with a negotiated plea, to violation of probation and three counts of dealing in stolen property. In exchange for the plea, the burglary charges were dropped. No agreement was made concerning the sentence. Because there is no evidence to support the finding that restitution outweighs the need for a guidelines sentence and because it is clear this multi-offender fits the profile of those who need to be segregated from the general public, it was error to allow him to stay out of prison. He was not a minor participant, he admitted being a dealer in stolen property and the facts support his having been the burglar and thief.
The sentence is vacated and this cause remanded for a sentence in accordance with the guidelines.
SENTENCE VACATED; REMANDED.
ANTOON, C.J., and HARRIS, J., concur.
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State v. Dreama Adea Bell, 854 So. 2d 686 (Fla. 5th DCA 2003)…llows the state to appeal a downward departure sentence imposed after- revocation of probation or community control. See, e.g., State v. Hurley, 772 So. 2d 594 (Fla. 1st DCA 2000); State v. Knopp, 765 So. 2d 164 (Fla. 2d DCA 2000); State v. Woodson, 745 So. 2d 570 (Fla. 5th DCA 1999); State v. Jordan, 678 So. 2d 526 (Fla. 5th DCA 1996); State v. Krueger, 664 So. 2d 26 (Fla. 3d DCA 1995). In all of the above cited cases, appellate courts reversed downward departure sentences imposed after revocation of probati…