STATE OF FLORIDA, APPELLANT,
v.
CHARLES F. DAVIS, APPELLEE
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Florida's appellate court reversed a downward departure sentence for aggravated battery because the trial court relied on a factor (defendant's lack of prior record) already incorporated into the sentencing guidelines, which is not a valid basis for departure.
A trial court lacks discretion to grant a downward departure sentence based on factors already accounted for in the sentencing guidelines, including a defendant's prior criminal record or lack thereof.
[1] A trial court cannot impose a downward departure sentence based on a defendant's lack of prior criminal record because that factor is already incorporated into the Crimin…
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“The trial court lacks discretion to grant a downward departure sentence based on factors already taken into account by the sentencing guidelines. A defendant's prior criminal record, or lack thereof, is one such factor.”
Court citing State v. Stephenson to establish that prior criminal record is a guideline factor and cannot independently justify departure.
Charles F. Davis pleaded guilty to aggravated battery with a deadly weapon and scored a minimum sentence of 21.3 months under the Criminal Punishment …
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The State of Florida appeals the probationary sentence imposed on Charles F. Davis, following his plea to a charge of aggravated battery with a deadly weapon. Davis scored a minimum sentence of 21.3 months in prison on his Criminal Punishment Code scoresheet. Over the State’s objection, the trial court departed downward, explaining that: “Given Mr. Davis’s almost complete absence of a prior record, a downward departure is appropriate in this case.... ” This is not a valid basis for departure. State v. Stephenson, 973 So.2d 1259, 1264 (Fla. 5th DCA 2008) (“The trial court lacks discretion to grant a downward departure sentence based on factors already taken into account by the sentencing guidelines.... A defendant’s prior criminal record, or lack thereof, is one such factor.”) (internal citations omitted). As the trial judge gave no other reason for imposing a departure sentence, we reverse the sentence and remand for a new sentencing hearing.1 See Jackson v. State, 64 So.3d 90 (Fla.2011).
REVERSED AND REMANDED FOR RESENTENCING.
PALMER, LAWSON, and EVANDER, JJ., concur.
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Citator
Cited By
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State v. Joronjaye Leprino Teague, 275 So. 3d 828 (Fla. 5th DCA 2019)
Authorities Cited
- Jackson v. State, 64 So. 3d 90 (Fla. 2011)
- State v. Stephenson, 973 So. 2d 1259 (Fla. 5th DCA 2008)
- State v. Jackson, 55 So. 3d 682 (Fla. 5th DCA 2011)