STATE OF FLORIDA, APPELLANT,
v.
JUAN JIMENEZ-PORRAS, APPELLEE
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Florida's Second District Court of Appeal reversed a downward departure sentence for aggravated battery because the trial court's finding that the offense was an isolated incident lacked competent, substantial evidence, and remanded for the defendant to have an opportunity to withdraw his guilty plea.
A downward departure sentence must be supported by competent, substantial evidence, and a finding that an offense was an isolated incident cannot stand without evidentiary support.
[1] A downward departure from sentencing guidelines requires competent, substantial evidence supporting all required elements, and a trial court's finding that an offense was…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“requiring evidence of all three elements — isolated incident, committed in an unsophisticated manner, for which defendant has shown remorse — for departure under section 921.0026(2)©, Fla. Stat.”
The court cited State v. Ayers for the requirement that all three elements must be proven by evidence to justify a downward departure sentence.
Juan Jimenez-Porras pleaded guilty to aggravated battery and received a downward departure sentence. The trial court found the offense was an isolated…
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CASANUEVA, Judge.
The State appeals a downward departure sentence for aggravated battery following a guilty plea by Juan Jimenez-Porras. As conceded on appeal, the court’s reason for departing from the sentencing guidelines is not supported by competent, substantial evidence because there was no evidence presented on the claim. See State v. Ayers, 901 So. 2d 942, 945 (Fla. 2d DCA 2005) (requiring evidence of all three elements — isolated incident, committed in an unsophisticated manner, for which defendant has shown remorse — for departure under section 921.0026(2)©, Fla. Stat.).
Jimenez-Porras argues only that the issue was not preserved. At sentencing, the State objected specifically to the court’s finding that this was an isolated incident and pointed to the defendant’s prior convictions and his subsequent violation of a protective injunction involving the victim of this crime. We conclude that the State preserved the issue for appeal because its “objection was ‘sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefor.’” Ayers, 901 So. 2d at 944 (quoting in part section 924.051(l)(b), Fla. Stat.). Accordingly, we reverse. Pursuant to the State’s suggestion on appeal, Jimenez-Porras should be given an opportunity to withdraw his plea on remand.
Reversed and remanded.
WHATLEY and SILBERMAN, JJ„ concur.
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Citator
Cited By
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State v. Hall, 981 So. 2d 511 (Fla. 2d DCA 2008)…See also State v. Carlson, 911 So. 2d 234, 236 (Fla. 2d DCA 2005). The defendant has the burden of presenting competent, substantial evidence to support the reason or reasons articulated for the downward departure sentence. State v. Jimenez-Porras, 974 So. 2d 422 (Fla. 2d DCA 2007). If the defendant’s evidence establishes a valid basis for a downward departure sentence and the trial court decides to impose such a sentence, the trial court must file written reasons supporting the downward departure within sev…
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State v. Naylor, 976 So. 2d 1193 (Fla. 2d DCA 2008)…2000); § 921.0016(l)(c) & (4), Fla. Stat. (1997 & Supp.1996); Barnes, 753 So. 2d at 606. The defendant bears the burden of presenting competent, substantial evidence supporting the reason for the downward departure sentence. State v. Jimenez-Porras, 974 So. 2d 422 (Fla. 2d DCA 2007). If the defendant’s evidence establishes a valid basis for a downward departure sentence and the trial court imposes such a sentence, the trial court must file written reasons supporting the downward departure within seven days af…
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State v. Ward, 973 So. 2d 597 (Fla. 2d DCA 2008)…A 2005) (quoting § 924.051(l)(b), Fla. Stat. (2003)). Accordingly, Ward’s downward departure sentence is reversed. Pursuant to the State’s suggestion, Ward should be given the opportunity to withdraw her plea on remand. See State v. Jimenez-Porras, 974 So. 2d 422, 2007 WL 3034933 (Fla. 2d DCA Oct. 19, 2007). Reversed and remanded with directions. WALLACE, J., and GALLEN, THOMAS M., Associate Senior Judge, Concur. . In case numbers CRC 04-5474CFANO, CRC 04-10609CFANO, and CRC 04-14506CFANO, it was Ward's f…
Authorities Cited
- State v. Ayers, 901 So. 2d 942 (Fla. 2d DCA 2005)