STATE OF FLORIDA, APPELLANT,
v.
JOHNNIE LEE WEAVER, A/K/A JONNY L. WAVER, APPELLEE
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The State appealed a trial court's downward departure from mandatory sentencing guidelines for a defendant convicted of felony driving with a suspended license. The appellate court reversed because the defendant failed to establish valid legal reasons for the departure, even though the trial court's compassionate reasoning was understandable.
The trial court's downward departure was improper and must be reversed because Weaver failed to establish, by a preponderance of the evidence, valid legal reasons supported by an adequate factual basis for departing from the guidelines. Although the trial court's compassionate reasoning was understandable, the court must follow the two-step process for downward departures, and Weaver's criminal history precluded findings that the offense was unsophisticated or isolated.
[1] A defendant seeking a downward departure from sentencing guidelines bears the burden of establishing, by a preponderance of the evidence, facts reasonably justifying the…
[2] A trial court must first determine if valid legal reasons for a downward departure exist, supported by an adequate factual basis, before deciding if the interests of just…
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Join FLexlaw to unlock all legal intelligence“Appellee shouldered the burden of establishing, by a preponderance of the evidence, facts reasonably justifying a downward departure.”
Establishes the defendant's burden in seeking downward departures from sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceJohnnie Lee Weaver pled guilty to felony driving while license suspended without a plea bargain. His sentencing scoresheet reflected a minimum sentenc…
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Appellee was arrested and pled guilty to felony driving while license suspended. He entered an “open” plea (ie., without *830the benefit of a plea bargain) and his sentencing scoresheet reflected a minimum sentence of 27.375 months in the Department of Corrections. Appellee sought a downward departure, arguing the offense was committed in an unsophisticated manner, was an isolated incident, and he showed remorse. See § 921.0026(2)(j), Fla. Stat. (2007). Although the trial court did not believe the offense was committed in an unsophisticated manner, he did not think it necessary to send Appellee to prison. Instead, the trial court departed downward from the sentencing guidelines, suspending Appellee’s 27.375 months’ prison sentence contingent upon successful completion of probation. The State then filed this appeal.
Appellee shouldered the burden of establishing, by a preponderance of the evidence, facts reasonably justifying a downward departure. See § 921.002(3) Fla. Stat. (2007). To impose a downward departure sentence, the trial court must employ a two-step process. It must first determine whether there are valid legal reasons supported by an adequate factual basis; if so, the court must then decide whether the interests of justice are best served by a departure from the guidelines. State v. Tyrrell, 807 So.2d 122, 125 (Fla. 5th DCA 2002).
In deciding to downwardly depart, the trial court considered, on one hand, that Appellee had been convicted of at least four felonies, some involving violence, and had also been convicted of driving on a suspended license six times within the last eight years. On the other hand, Appellee was 54 years old at the time of sentencing and was arrested as he drove home from church services. However, because the trial court did not find the event was unsophisticated and certainly, based upon Ap-pellee’s criminal history, could not find it was isolated, Appellee failed to show a valid legal basis for a downward departure. Instead, the trial court used his experience and compassion to attempt to fashion a sentence he believed best served the interests of justice under the circumstances, the second step in the downward departure analysis.
Although we understand the trial court’s reasoning, Appellee’s failure to establish a valid legal reason for the downward departure mandates reversal. Accordingly, we remand for resentencing pursuant to the sentencing guidelines.
REVERSED and REMANDED.
SAWAYA and LAWSON, JJ„ concur.
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State v. Jamar Thompkins, 113 So. 3d 95 (Fla. 5th DCA 2013)…henson, 973 So. 2d 1259, 1263 (Fla. 5th DCA 2008)). The facts that support a departure from the lowest permissible guideline sentence must be proven by a preponderance of the evidence. §§ 921.002(1)(0, (3), Fla. Stat. (2011); Banks; State v. Weaver, 23 So. 3d 829 (Fla. 5th DCA 2009). These requirements prohibit trial judges from giving the sentencing guidelines a polite nod and imposing a mitigated sentence based on their own predilections. See Williams v. State, 492 So. 2d 1308 (Fla.1986); State v. Whitesid…
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State v. Hollinger, 253 So. 3d 1207 (Fla. 5th DCA 2018)…in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse." Hollinger had the burden to establish by a preponderance of the evidence that there were facts to support all three elements. See State v. Weaver, 23 So. 3d 829, 830 (Fla. 5th DCA 2009) ; State v. Subido, 925 So. 2d 1052, 1057 (Fla. 5th DCA 2006). The trial court found that the crimes were isolated because they constituted a single scheme and Hollinger has no prior record. The trial court next determined t…
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State v. Hollinger (Fla. 5th DCA 2018)…n an unsophisticated manner and was an isolated incident for which the defendant has shown remorse." Hollinger had the burden to establish by a preponderance of the evidence that there were facts to support all three elements. See State v. Weaver, 23 So. 3d 829, 830 (Fla. 5th DCA 2009); State v. Subido, 925 So. 2d 1052, 1057 (Fla. 5th DCA 2006). The trial court found that the crimes were isolated because they constituted a single scheme and Hollinger has no prior record. The trial court next determined th…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Tyrrell, 807 So. 2d 122 (Fla. 5th DCA 2002)