STATE OF FLORIDA, APPELLANT,
v.
HARRY RYCKMAN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The State appeals downward departure sentences imposed when the trial court revoked Ryckman's probation and sentenced him for a new grand theft offense. The appellate court reversed, holding that the trial court's reasons for the downward departure were not supported by competent, substantial evidence and that any plea agreement underlying the original probation had not been agreed to by the State.
The downward departure sentences were improper because the reasons provided were not supported by competent, substantial evidence. Any plea agreement underlying the original probation was not agreed to by the State (which had objected at the original sentencing) and therefore could not serve as a valid basis for downward departure. Upon remand, Ryckman should be given the opportunity to withdraw his plea.
[1] A downward departure sentence requires legally sufficient reasons supported by the record.
[2] A trial court's oral pronouncement of reasons for a downward departure sentence is permissible if written reasons are not provided, but the oral reasons must be valid.
Previewing 2 of 6 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“Suspended sentences are downward departure sentences, State v. Harvey, 909 So.2d 989, 990 (Fla. 5th DCA 2005), the reasons for which must be supported by competent, substantial evidence, State v. Adkison, 56 So.3d 880, 883 (Fla. 1st DCA 2011).”
Establishes the legal standard that downward departure reasons must be supported by competent, substantial evidence.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn January 2003, Ryckman pleaded guilty to three offenses and was placed on probation with adjudication withheld, over the State's objection based on …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Downward Departure Sentence cases and more on FLexlaw
The State appeals the downward departure sentences imposed on Harry Ryck-man upon the revocation of his probation and for a new offense. We agree that the reasons given by the trial court for departure are not supported by competent, substantial evidence, and we reverse Ryck-man’s sentences.
In January 2003, Ryckman entered guilty pleas to three offenses charged in two cases. Over the State’s objection, the trial court withheld adjudication and placed him on probation in both cases based on the need for restitution and his cooperation in another case.
Subsequently, Ryckman pleaded guilty to violating his probation in one of the cases for failing to pay restitution, and the trial court withheld adjudication and again placed him on probation.
Ryckman then committed grand theft, which was charged in case no. 10-997. He entered admissions to violating his probation in the prior cases. He also entered a plea in exchange for a forty-three-month cap on his sentences. Over the State’s objection that there was still no evidence of the need for restitution, the trial court sentenced Ryckman to suspended sentences based on the reasons given at the original sentencing hearing and the fact that Ryckman could fully pay the restitution due in the new case immediately upon its being ordered.
Suspended sentences are downward departure sentences, State v. Harvey, 909 So.2d 989, 990 (Fla. 5th DCA 2005), the reasons for which must be supported by competent, substantial evidence, State v. Adkison, 56 So.3d 880, 883 (Fla. 1st DCA 2011). At the sentencing hearing, Ryck-man presented no testimony or evidence regarding the need for restitution or his cooperation in another case. Indeed, in the 2010 case there was no need for restitution because Ryckman’s counsel advised the court that Ryckman would tender the amount due immediately upon its being ordered.
Ryckman argues that the trial court did not abuse its discretion in using the plea agreement underlying the original term of probation as the reason for departing upon sentencing him for violating that probation, citing State v. Brackett, 547 So.2d 272 (Fla. 2d DCA 1989). In' holding that a trial court may use the plea agreement underlying the original term of probation as a valid reason for departure, Brackett cited State v. Nickerson, 541 So.2d 725 (Fla. 1st DCA 1989). In Franquiz v. State, 682 So.2d 536, 537 (Fla.1996), the supreme court approved the holding in Nickerson “that a trial court may consider the State’s prior agreement for a downward departure as a factor during resen-tencing.” Here, the prosecutor stated at sentencing that the State had objected to the downward departure sentence originally imposed on Ryckman. Thus, if there was a plea agreement underlying the original term of probation, it was not agreed to by the State and could not be used as a basis for the downward departure upon sentencing for the revocation of probation.
Accordingly, because the downward departure sentences were imposed without adequate reasons, we reverse Ryckman’s sentences. Upon remand, Ryckman should be given the opportunity to withdraw his plea.
Reversed and remanded.
DAVIS and BLACK, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Robinson, 138 So. 3d 1225 (Fla. 1st DCA 2014)…probationary period would not have cured the lack of any explanation for the downward departure. . “Suspended sentences are downward departure sentences, the reasons for which must be supported by competent, substantial evidence.” State v. Ryckman, 86 So. 3d 535, 536 (Fla. 2d DCA 2012) (citations omitted). . Reversed and remanded. PADOVANO and ROBERTS, JJ., concur.…
Authorities Cited
- Franquiz v. State, 682 So. 2d 536 (Fla. 1996)
- State v. Adkison, 56 So. 3d 880 (Fla. 1st DCA 2011)
- State v. Nickerson, 541 So. 2d 725 (Fla. 1st DCA 1989)
- State v. Brackett, 547 So. 2d 272 (Fla. 2d DCA 1989)
- State v. Harvey, 909 So. 2d 989 (Fla. 5th DCA 2005)