STATE OF FLORIDA, APPELLANT,
v.
HAROLD RICARDO ROBINSON, APPELLEE

Fla. 1st DCA | 2014-06-03
Nos. 1D12-2566, 1D12-2567, 1D12-2605
PADOVANO and ROBERTS, JJ., concur.
138 So. 3d 1225 Florida District Court of Appeal, First District (2014) Positive Treatment
Cited by 2 cases

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Synopsis

The Florida Supreme Court reversed a trial court's sentences where the court imposed concurrent sentences of 50.85 months that were suspended after 36 months with no stated conditions or probationary term, effectively reducing the sentence below the lowest permissible sentence under the Criminal Punishment Code without justification.


Holding

The court reversed and remanded for resentencing, holding that the sentences imposed were prohibited downward departures because they fell below the lowest permissible sentence of 50.85 months without stated justification. Additionally, the sentences were not valid suspended sentences under Florida law because the trial court failed to impose probation during the suspension period.


Headnotes

[1] A trial court may not impose a sentence less severe than the lowest permissible sentence under the Criminal Punishment Code without a stated justification for the downwar…

[2] A suspended sentence is considered a downward departure sentence, and the reasons for such a departure must be supported by competent, substantial evidence.

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Key Quotes

“a sentence less severe than the lowest permissible sentence allowed under the scoresheet "is prohibited unless there are circumstances or factors that reasonably justify the downward departure."”

Establishes the legal requirement that downward departures from the minimum sentence require stated justification

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Facts & Procedural History

Harold Ricardo Robinson was sentenced in three separate cases. The Criminal Punishment Code scoresheet established a minimum permissible sentence of 5…

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Opinion of the Court
BENTON, J.

BENTON, J.

The state appeals sentences imposed on Harold Ricardo Robinson in three separate cases. The Criminal Punishment Code scoresheet — the accuracy of which has never been challenged — put the lowest permissible sentence at 50.85 months’ and the maximum sentence at 45 years’ imprisonment. But the trial court imposed concurrent Sentences of 50.85 months’ imprisonment, “suspended” after 36 months, on no stated condition, and with no post-incarceration probationary term. We reverse and remand for resentencing.

*1226By suspending Mr. Robinson’s sentences after 36 months on no stated condition (and without any probationary term), the trial court imposed sentences less severe than the lowest permissible sentence of 50.85 months’ imprisonment, and so “departed downward” without explanation. Section 921.0026(1), Florida Statutes (2011), provides that a sentence less severe than the lowest permissible sentence allowed under the scoresheet “is prohibited unless there are circumstances or factors that reasonably justify the downward departure.” See also §§ 921.0024(2); 921.00265, Fla. Stat. (2011).

The sentences imposed were not, moreover, true suspended sentences authorized by statute, because the trial court failed to impose probation during the period of suspension. See § 921.187(l)(a), Fla. Stat. (2011) (providing the court may, as a sentencing alternative, impose “a split sentence whereby the offender is to be placed on probation upon completion of any specified period of such sentence”); § 948.01(5), Fla. Stat. (2011) (“The imposition of sentence may not be suspended and the defendant thereupon placed on probation or into community control unless the defendant is placed under the custody of the department or another public or private entity.”).

“Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court.” § 948.012(1), Fla. Stat. (2011). See also Helton v. State, 106 So.2d 79, 80 (Fla.1958) (holding that “the power to suspend the imposition of sentence upon a. convicted criminal can be exercised by a trial judge only as an incident to probation under the provisions of Ch. 948”); State v. Galazz, 2 So.3d 1083, 1084 (Fla. 3d DCA2009).

In any event, ordering a 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.


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Citator

Cited By

  • State v. Sawyer, 205 So. 3d 866 (Fla. 1st DCA 2016)
    …n community control to be followed by probation. Given her Criminal Punishment Code (CPC) scoresheet, the lowest permissible sentence was 39 months imprisonment. Thus, the suspended sentence was a .downward departure sentence. See State v. Robinson, 138 So. 3d 1225 (Fla. 1st DCA 2014). In its written order, the trial court gave the following reasons for the departure: (i) Appellee has a history of substance abuse for which she has not received treatment, although she would benefit from such; (ii) she is a si…

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