STATE OF FLORIDA, APPELLANT,
v.
DAVID KEITH TEAL, APPELLEE
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The Florida appellate court reversed a downward departure sentence because the trial court failed to establish sufficient evidentiary support for the departure, specifically regarding the defendant's claimed health condition. Although the court expressed reasons for the departure orally, it did not clearly articulate them or require proof by a preponderance of the evidence as required by law.
The court reversed the sentence because the evidence was insufficient to support the departure, as the court did not establish through proof by a preponderance of the evidence that the defendant's health condition justified the downward departure. The case was remanded for further proceedings, with the defendant given the opportunity to withdraw his plea.
[1] A court's oral or written statement of reasons for a downward departure sentence must be supported by evidence proven by a preponderance of the evidence.
[2] Representations of an attorney alone are insufficient to satisfy the evidentiary requirement for a downward departure sentence.
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Join FLexlaw to unlock all legal intelligence“facts supporting the departure must be proven by a preponderance of the evidence, and representations of an attorney are insufficient to satisfy that requirement”
Establishes the evidentiary standard required for sentencing departures
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Join FLexlaw to unlock all legal intelligenceDavid Teal violated his probation and received a downward departure sentence of eighteen months' prison instead of the guidelines' recommendation of f…
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CASANUEVA, Judge.
After he violated his probation, David Teal received a downward departure sentence of eighteen months’ prison instead of the guidelines’ recommendation of forty months to ten years. At the conclusion of a hearing at which the prosecutor and defense attorney discussed Mr. Teal’s health problems, the court offered and Mr. Teal accepted the mitigated sentence. Upon taking the plea, however, the court stated simply that it had elected to “depart from the guidelines for the reasons presented”; no written document reflecting mitigating reasons was ever filed by the court. The State now contends that Mr. Teal’s sentence must be reversed because the court failed to express a valid oral or written reason for departure. We reverse.
At the sentencing hearing the attorneys engaged in extensive discussion about Mr. Teal’s heart condition and the monitoring demanded by his pacemaker. Mr. Teal’s health situation was obviously a significant factor in the judge’s decision to impose a downward departure sentence. Among the statutory mitigating circumstances listed in section 921.0026(2), Florida Statutes (2001), is: “(d) The defendant requires specialized treatment ... for a physical disability, and the defendant is amenable to treatment.” In all cases, however, facts supporting the departure must be proven by a preponderance of the evidence, and representations of an attorney are insufficient to satisfy that requirement. State v. Bernard, 744 So. 2d 1134, 1135 (Fla. 2d DCA 1999).
Here, although there was a discussion of medical records, none appear to have been presented to the judge; furthermore, no one testified concerning the defendant’s medical condition and need for specialized treatment, not even Mr. Teal himself.
In this case the court expressed reasons for departure but failed to clarify them at the conclusion of the hearing. As such it is distinguishable from those instances in which a court absolutely fails to state any reasons, which requires sentencing within the guidelines on remand. See State v. Wishhart, 738 So. 2d 1004 (Fla. 2d DCA 1999).
Here, Mr. Teal’s situation might justify departure — if proven by a preponderance of the evidence. Because the evidence was insufficient to support the court’s decision to depart downward, however, we reverse and remand for further proceedings. And because the sentence was the result of an agreement induced by the trial court, on remand Mr. Teal should be given an opportunity to withdraw his plea. Bernard; State v. Holley, 702 So. 2d 601 (Fla. 2d DCA 1997).
On resentencing after further proceedings, the court may again depart downward from the guidelines if it finds that the defense has proven legally sufficient reasons.
Reversed and remanded.
BLUE, C.J., and KELLY, J., concur.
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State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004)…sufficient evidence to adequately prove the existence of circumstances or factors that would allow him [*184] a departure sentence. Accordingly, we reverse Mann’s sentence and remand this case to the trial court for resentencing. See State v. Teal, 831 So. 2d 1254 (Fla. 2d DCA 2002). REVERSED AND REMANDED. PLEUS and ORFINGER, JJ., concur. . Although Mann attempts to argue nonstatu-tory factors in support of his sentence, our review of the record clearly shows that they are not legal grounds for a departure…
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State v. Wheeler, 891 So. 2d 614 (Fla. 2d DCA 2005)…ial court initiated the plea and departure sentence, citing it as “some way we can resolve this matter.” Since the trial court induced the departure sentence which is now reversed, Wheeler should be permitted to withdraw his plea. See State v. Teal, 831 So. 2d 1254, 1256 (Fla. 2d DCA 2002). Following any plea or conviction at trial, the trial court could again impose a downward departure if the sentence is supported by evidence establishing the necessary factual basis for any ground on which the downward depar…
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State v. Scott, 879 So. 2d 99 (Fla. 2d DCA 2004)…ds or evidence, this court repeatedly has ordered that a defendant be permitted to withdraw a plea induced by the sentencing court’s statement that the court would impose the downward departure sentence. See Braley, 832 So. 2d at 256; State v. Teal, 831 So. 2d 1254, 1256 (Fla. 2d DCA 2002); State v. Nicolosi, 830 So. 2d 281, 282 (Fla. 2d DCA 2002); State v. Rosa, 774 So. 2d 730, 731 (Fla. 2d DCA 2000); State v. Knopp, 765 So. 2d 164, 165 (Fla. 2d DCA 2000); Petringelo, 762 So. 2d at 966. Accordingly, the sent…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Bernard, 744 So. 2d 1134 (Fla. 2d DCA 1999)
- State v. Holley, 702 So. 2d 601 (Fla. 2d DCA 1997)
- Philippe H. Moransais v. Heathman, 702 So. 2d 601 (Fla. 2d DCA 1997)
- State v. Wishhart, 738 So. 2d 1004 (Fla. 2d DCA 1999)