STATE OF FLORIDA, APPELLANT,
v.
MARY FRANCES SAHADEO, APPELLEE
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The State appealed a downward departure sentence imposed on Sahadeo following her guilty plea to drug possession charges. The court reversed the sentence because the trial court failed to provide a valid legal ground for departure supported by competent, substantial evidence.
The trial court's downward departure sentence was not supported by competent, substantial evidence because the defense offered no evidence that Sahadeo required treatment for a mental disorder and did not even argue that she had one. The departure sentence was reversed and the case remanded for resentencing within the guidelines.
[1] A trial court must impose a sentence within the sentencing guidelines unless the evidence supports a valid reason for departure.
[2] A departure sentence must be supported by competent, substantial evidence.
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Join FLexlaw to unlock all legal intelligence“Unless the evidence supports a valid reason for a departure sentence, the trial court must impose a guidelines sentence.”
Establishes the legal standard requiring evidentiary support for departure sentences
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Join FLexlaw to unlock all legal intelligenceSahadeo pleaded guilty to possession of cocaine and possession of drug paraphernalia. The trial court conducted a plea colloquy and accepted the plea.…
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WALLACE, Judge.
The State appeals a downward departure sentence imposed on Mary Frances Sahadeo after she pleaded guilty to possession of cocaine and possession of drug paraphernalia. Because the trial court did not provide a valid legal ground for departure that is supported by competent, substantial evidence, we reverse Sahadeo’s sentence and remand for resentencing within the guidelines.
After the trial court conducted a thorough plea colloquy and accepted Sahadeo’s plea, the trial court discussed sentencing with the State and the defense. The State informed the trial court that the lowest permissible prison sentence available to Sahadeo under the sentencing guidelines was 21.75 months, and the State argued that there was no reason to depart. The defense offered a general explanation of the reasons for Sahadeo’s prior convictions but did not request a downward departure. Nevertheless, the trial court imposed a downward departure sentence of one year of community control followed by two years’ probation. The State immediately objected to the imposition of the departure sentence. The trial court noted the State’s objection and stated that the departure was based on Sahadeo’s need for mental health treatment.
Unless the evidence supports a valid reason for a departure sentence, the trial court must impose a guidelines sentence. See Fla. R.Crim. P. 3.701(d). However, when a court imposes a sentence that departs from the sentencing guidelines, the departure must be supported by competent, substantial evidence. State v. Barnes, 753 So. 2d 605 (Fla. 2d DCA 2000). The trial court’s stated reason for the departure was Sahadeo’s need for mental health treatment. If Sahadeo required specialized treatment for a mental disorder and was amenable to treatment, this would constitute a mitigating circumstance justifying a departure sentence. See § 921.0026(2)(d), Fla. Stat. (2003). However, the defense offered no evidence that Sahadeo required treatment for a mental disorder; in fact, the defense did not even argue that Sahadeo had a mental disorder. Therefore, the trial court’s reason for departure is not supported by competent, substantial evidence, and the departure sentence must be reversed.
A defendant is entitled to withdraw a plea if, following a plea agreement, the trial court is not able to adhere to the provisions of the plea agreement. See Goins v. State, 672 So. 2d 30 (Fla.1996). However, in this case the plea was an open plea to the court with no agreement for a sentence. Under these circumstances, there is no reason to allow Sahadeo to withdraw her plea. On remand, Sahadeo must be resentenced within the guidelines.
Reversed and remanded with instructions.
CASANUEVA and KELLY, JJ., concur.
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State v. Hall, 981 So. 2d 511 (Fla. 2d DCA 2008)…rsuant to a negotiated plea agreement, he or she is permitted to withdraw the plea. If the defendant entered an open plea, as Ms. Green did, the trial court must impose a guidelines sentence on remand. 890 So. 2d at 1287; see also State v. Sahadeo, 890 So. 2d 464, 465 (Fla. 2d DCA 2004); State v. Norris, 724 So. 2d 630, 632 (Fla. 5th DCA 1998). Here, Hall entered an open admission to the alleged violation of probation. Thus, the trial court must impose a guidelines sentence on remand. Reversed and remanded…
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State v. McELROY, 145 So. 3d 866 (Fla. 2d DCA 2014)…amenable to such treat [*870] ment. The trial court’s conclusions were based purely on speculation which did not support the imposition of a downward departure sentence. Accordingly, we reverse the downward departure sentence.5 See State v. Sahadeo, 890 So. 2d 464, 465 (Fla. 2d DCA 2004) (reversing downward departure sentence where defense offered no evidence that appellant required treatment for mental disorder and did not even argue that appellant suffered from a mental disorder). On remand, the trial court…
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State v. Young, 901 So. 2d 301 (Fla. 2d DCA 2005)…ons given related to another case and had no apparent relationship to the grand theft charge). Accordingly, we reverse the burglary and grand theft sentences and remand to the trial court for imposition of guidelines sentences. See State v. Sahadeo, 890 So. 2d 464, 465 (Fla. 2d DCA 2004). Reversed and remanded. STRINGER and VILLANTI, JJ., Concur.…
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
- Kit Goins v. State, 672 So. 2d 30 (Fla. 1996)
- State v. Barnes, 753 So. 2d 605 (Fla. 2d DCA 2000)