Andrews v. State
| Decision Date | 04 January 2017 |
| Docket Number | No. 4D16–903,4D16–903 |
| Citation | 207 So.3d 889 |
| Parties | William D. ANDREWS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William D. ANDREWS, Appellant,
v.
STATE of Florida, Appellee.
No. 4D16–903
District Court of Appeal of Florida, Fourth District.
[January 4, 2017]
Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Mitchell A. Egber, Assistant Attorney General, West Palm Beach, for appellee.
Ciklin, C.J.
The defendant appeals his sentences of fifteen and five years' imprisonment for armed burglary and related crimes committed when he was seventeen years old. As grounds for his appeal, he points to the trial court's statement at sentencing that judges for the Circuit Court of the Nineteenth Judicial Circuit "try to send a message up here to stay out of the Nineteenth Circuit." The defendant argues that the trial court erred both by considering general deterrence as a sentencing factor and by considering his domicile in imposing his sentence. Due to recent precedent of this court holding that general deterrence is a permissible sentencing factor, see Charles v. State , 204 So.3d 63 (Fla. 4th DCA 2016), the defendant's first argument is unavailing. However, we find that the trial court erred in basing the sentence on the fact that the defendant is from out of town, and we reverse and remand for resentencing.
The defendant, whose criminal history is minimal, entered a plea of nolo contendere to his charged crimes, which he committed in concert with two co-defendants. Before sentencing the defendant, a Broward County resident, the trial court stated as follows:
[W]e punish for a whole bunch of reasons. You know, retribution, atonement, expiation, incapacitation, specific deterrence, but in this type of case especially general deterrence is a really important ... sentencing consideration. I know Judge Bauer's had these pillowcase burglaries and he said, "You do not come into my circuit and do this." And ... the point being is that what you might get away with down in Broward we—we try to send a message up here to stay out of the Nineteenth Circuit, don't break into our homes, don't bring guns up here and punches and break into our homes because it's different up here. And that's why people move up here because they want to raise a place—raise their families in a place where they don't have people breaking in their homes. So it's a serious crime and ... it needs a proportionate punishment.
The trial court sentenced the defendant to the State of Florida...
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