RONALD WATSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-07-10
No. 4D00-4420
SHAHOOD, and HAZOURI, JJ., concur.
820 So. 2d 1057 Florida District Court of Appeal, Fourth District (2002) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ronald Watson appeals his 30-year sentence as a habitual felony offender imposed after resentencing on remand. The Fourth District Court of Appeal reverses because the successor judge failed to comply with Rule 3.700(c) by not adequately reviewing trial facts before resentencing, relying instead solely on the prior judge's order without reviewing the trial transcript or clearly documenting what materials were reviewed.


Holding

The sentence is reversed and the case is remanded for resentencing. A successor judge cannot merely rely upon an order of the trial judge that does not contain sufficient information about what transpired at trial and the facts. The successor judge must either review sufficient materials such as the trial transcript, proffer of trial proceedings, presentence investigation report, and relevant file materials, or clearly document on the record what information was reviewed to comply with Rule 3.700(c).


Headnotes

[1] A successor judge must become acquainted with the proceedings and facts of the case before imposing a sentence.

[2] A successor judge may satisfy the requirement of becoming acquainted with the case by reviewing a proffer of proceedings, the presentence investigation report, and pertin…

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Key Quotes

“Rule 3.700(c), Florida Rules of Criminal Procedure, requires a successor judge to become 'acquainted with what transpired at the trial, or the facts, including any plea discussions, concerning the plea and the offense.'”

Establishes the legal standard that a successor judge must satisfy when conducting resentencing

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Facts & Procedural History

Watson was originally sentenced as a violent career criminal to 35 years with a mandatory 30-year minimum by the trial judge. The underlying violent c…

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Opinion of the Court
MAY, J.

MAY, J.

The defendant appeals his sentence of thirty years as a habitual felony offender. He raises four issues, only one of which warrants a reversal. For the reasons set forth below, the sentence is reversed and the case remanded for resentencing.

The sentence appealed resulted from a resentencing hearing upon remand from this court. A successor judge conducted the hearing. That judge took judicial notice of the prior trial judge’s order, which included complete findings as to the defendant’s prior convictions, but no information concerning the facts of the case, and only made reference to the presentence investigation report. The state also offered proof that the defendant had not received clemency for any prior offense.

The defendant objected to the successor judge’s reliance on the trial judge’s order without having reviewed the trial transcript. In response, the trial court stated:

THE COURT: No, sir; I have not reviewed the transcripts. It is obvious, from a review of the Court file, that it was Judge Dimitrouleas’ intention to impose the highest form of enhancement, that being as a violent career criminal. And Judge Dimitrouleas was the presiding Judge at the trial. He was able to observe the witnesses as they testified. And he certainly was in a better position to determine what an appropriate sentence should be in this court.

It is apparent as to what Judge Dimi-trouleas’ intention was in finding the defendant to be a violent career criminal. And I might add that Judge Dimi-trouleas also found that the defendant qualified as a habitual felony offender. And that finding is contained in the order of July 11, 1997. Judge Dimitrou-leas sentenced Mr. Watson as a violent career criminal, 35 years in prison with a mandatory minimum term of 30 years in prison. That statute, that underlying statute having been found unconstitutional, it would be this Court’s intention to go to the next most harsh sentence available to 'this Court, which would be habitual felony offender and a straight 30 years in prison with no minimum mandatory.

The defendant then filed a motion to correct sentencing error, and argued the illegality of the sentence based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and the judge’s error in refusing to review the trial transcript prior to the sentencing. The trial court ultimately denied the motion.

Rule 3.700(c), Florida Rules of Criminal Procedure, requires a successor judge to become “acquainted with what transpired at the trial, or the facts, including any plea discussions, concerning the plea and the offense.” Case law interpreting this rule provides guidance on how this can be accomplished. “[T]he successor judge may receive a proffer or statement of proceedings covering so much of the trial proceedings as the parties contend will be relevant for the trial court to make the sentencing decision, provided that the court also reviews the presentence investigation report and so much of the file as may be pertinent.” Spencer v. State, 611 So. 2d 16, 17 (Fla. 3d DCA 1992). It is also clear that a review of the trial transcript satisfies the rule, but is not necessitated by it. Id.

It is not sufficient, however, to merely rely upon an order of the trial judge that does not contain the information necessary to acquaint the successor judge with the what transpired at trial, or the facts, including any plea discussions. Rich v. State, 814 So. 2d 1207 (Fla. 4th DCA 2002). We cannot discern precisely what the successor judge reviewed in this case. If, in fact, he did review the file, including the presentence investigation report, then this must be clearly stated for the record. If he did not, then more than mere reliance on a prior order must be done to comply with the rule.

The case is reversed and remanded. We affirm on all other issues raised. Upon remand, the trial court may either clarify the information relied upon in re-sentencing the defendant or undertake that which is necessary to comply with the rule.

SHAHOOD, and HAZOURI, JJ., concur.


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Citator

Cited By

  • Ross v. State, 958 So. 2d 442 (Fla. 4th DCA 2007)
    …of the original sentencing proceeding before imposing sentence. There is no showing that this transcript was available to the successor judge. Nevertheless, just as reviewing the complete transcript of a trial is not mandatory, see Watson v. State, 820 So. 2d 1057 (Fla. 4th DCA 2002), so too we believe that review of the prior sentencing hearing is not mandatory. What is essential is for the successor judge to be sufficiently familiar with the case so that the imposition of a sentence is his or her act of ind…
  • Bain v. State, 919 So. 2d 599 (Fla. 3d DCA 2006)
    …oncedes that the record does not support a finding that the successor judge’s sentencing decision was based on his independent evaluation of the case. See Fla. R.Crim. P. 3.700(c); Spencer v. State, 611 So. 2d 16 (Fla. 3d DCA 1992); Watson v. State, 820 So. 2d 1057 (Fla. 4th DCA 2002). Based on the State’s confession of error and our independent review of the record, we remand the case for a new sentencing hearing to provide the judge with an opportunity to clarify the record and make the requisite findings.…

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