STATE OF FLORIDA, APPELLANT,
v.
SHANNON BUTLER, APPELLEE
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The State appeals a trial court's downward departure sentence imposed on Shannon Butler for cocaine possession. The court reversed the sentence because the trial court failed to establish sufficient evidence supporting the required factors for a downward departure sentencing.
The downward departure sentence must be reversed because the trial court failed to establish competent, substantial evidence supporting the required factors. While the court found the crime was committed in an unsophisticated manner, there was no evidence that it was an isolated incident and no evidence that Butler showed remorse, both of which are necessary to support a downward departure sentence.
[1] Suspending the incarceration portion of a defendant's sentence constitutes a downward departure sentence.
[2] A downward departure sentence requires a valid legal ground supported by competent substantial evidence.
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Join FLexlaw to unlock all legal intelligence“In order to support the trial court's reasoning for the downward departure, it was necessary for there to have been competent, substantial evidence that (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse.”
Establishes the three required factors that must be supported by competent, substantial evidence to justify a downward departure sentence.
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Join FLexlaw to unlock all legal intelligenceDuring a consensual search following a consensual contact with a law enforcement officer, Butler was found to possess less than 0.1 gram of cocaine in…
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[*48] SALCINES, Judge.
The State appeals the downward departure sentence entered after the trial court accepted the no contest plea of Shannon Butler. We reverse because the reason given by the trial court to justify the downward departure sentence is insufficient and, further, the record does not support the trial court’s reasoning.
At the plea hearing, the trial court stated that off-the-record discussions had taken place between the court, the defense counsel, and the State concerning a possible plea by Butler to the charge of possession of cocaine. The court stated that if a plea was entered, Butler would be sentenced to four months in the Pinellas County jail with credit for time served. The State objected to the proposed sentence.
The only discussion concerning the offense was the factual basis offered by the State. On January 3, 2000, a law enforcement officer observed Butler riding a bicycle. The officer made consensual contact with Butler who permitted a search. During the search, the officer found a small, clear, plastic baggie which contained less than 0.1 gram of cocaine, a “trace amount.” The trial court indicated that it would impose the downward departure sentence because the crime was committed in an unsophisticated manner and it was an isolated incident.
In order to support the trial court’s reasoning for the downward departure, it ’was necessary for there to have been competent, substantial evidence that (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse. See State v. Santomaso, 764 So. 2d 735, 737 (Fla. 2d DCA 2000); § 921.0026(2)(j), Fla. Stat. (2000). In the present case, there was no evidence supporting the factor that the offense was an isolated incident, the trial court did not make a finding, and there was no evidence that Butler had shown remorse. Accordingly, the downward departure sentence must be reversed.
On remand, Butler should be afforded the opportunity to withdraw his no contest plea. In the event Butler chooses to withdraw his plea, the trial court may once again impose a downward departure sentence if it is supported by competent, substantial evidence which is demonstrated of record. See State v. Knopp, 765 So. 2d 164, 164 (Fla. 2d DCA 2000). If Butler does not withdraw his plea, he must be sentenced within the guidelines.
Reversed and remanded with directions.
PATTERSON, C.J., and NORTHCUTT, J., Concur.
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Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002)…eparture based on this statutory factor, [*512] there must be competent substantial evidence that: (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse. State v. Butler, 787 So. 2d 47, 48 (Fla. 2d DCA 2001); see also State v. Gosier, 737 So. 2d 1121, 1123 (Fla. 4th DCA 1999); State v. Bleckinger, 746 So. 2d 553 (Fla. 5th DCA 1999);. State v. Falocco, 730 So. 2d 765 (Fla. 5th DCA 1999); State v. Spioch, 706 So. 2d 32, 36 (Fla. 5th…
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State v. Hudson, 153 So. 3d 375 (Fla. 2d DCA 2014)…ion (j) of the statute, “it [i]s necessary for there to [be] competent, substantial evidence that (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse.” State v. Butler, 787 So. 2d 47, 48 (Fla. 2d DCA 2001). Here, the trial court addressed the sophistication prong of subsection (j) but made no findings that the offenses amounted to an isolated incident or that Hudson had shown remorse. And the record does not support either of th…
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State v. Kelleher, 142 So. 3d 958 (Fla. 2d DCA 2014)…downward departure, it was necessary for there to have been competent, substantial evidence that (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse.” State v. Butler, 787 So. 2d 47, 48 (Fla. 2d DCA 2001) (citing § 921.0026(2)(j), Fla. Stat. (2000); State v. Santomaso, 764 So. 2d 735, 737 (Fla. 2d DCA 2000)). “ ‘The trial court must first determine whether it can depart—whether the defendant has met the burden of establishing s…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jacline Rose Knopp, 765 So. 2d 164 (Fla. 2d DCA 2000)
- State v. Santomaso, 764 So. 2d 735 (Fla. 2d DCA 2000)