Fields v. State, 96-04602
| Decision Date | 13 May 1998 |
| Docket Number | No. 96-04602,96-04602 |
| Citation | 712 So.2d 413 |
| Parties | 23 Fla. L. Weekly D1211 Marcus FIELDS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawikofsky, Assistant Attorney General, Tampa, for Appellee.
Marcus Fields has challenged the sentence imposed upon him for sale of cocaine, possession of cocaine, sale of marijuana, and possession of marijuana. The trial judge departed from the guidelines permitted range of 28.95 to 48.25 months in state prison on the ground that the defendant exhibited an escalating pattern of criminal conduct. Accordingly, she sentenced Fields as a youthful offender to four years in prison followed by two years on probation. Because Fields' conduct does not fit within the established "escalating" pattern, we reverse his sentence. Furthermore, the court erred in imposing certain liens and costs, which must be stricken.
Expressing frustration with this young defendant at sentencing, the judge noted that Fields had an extensive prior record, consisting of burglaries, obstructing and opposing without violence, batteries, robbery, and concealed firearm charges. Fields' current drug offenses, which included one second degree felony, two third degree felonies, and one misdemeanor, do not represent an escalation from his prior conduct. As defined in section 921.001(8), Florida Statutes (1995), "The escalating pattern of criminal conduct may be evidenced by a progression from nonviolent to violent crimes, a progression of increasingly violent crimes, or a pattern of increasingly serious criminal activity." Furthermore, the designation of Fields as a youthful offender will not support departure from the guidelines without valid written reasons. See Easton v. State, 687 So.2d 46 (Fla. 2d DCA 1997); Hernandez v. State, 672 So.2d 66 (Fla. 2d DCA 1996).
Because the trial judge imposed an invalid departure sentence, the new sentence must be within the guidelines. If the court imposes another youthful offender sentence, the term must be within the statutory maximum for each offense. See § 958.04(2)(d), Fla. Stat. (1995).
In addition to the invalid departure, irregularities occurred in the imposition of costs and liens. The judge announced that she was imposing a public defender lien without stating the amount or notifying the defendant of his opportunity to contest the amount. On remand, Fields must be given thirty days to file a...
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Welch v. State, 96-01097
...section 939.01(1), Florida Statutes (1995) (renumbered as section 938.27 and amended, effective July 1, 1997). See Fields v. State, 712 So.2d 413 (Fla. 2d DCA 1998); Sutton v. State, 635 So.2d 1032 (Fla. 2d DCA Affirmed; remanded with directions. NORTHCUTT and GREEN, JJ., Concur. ...
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Reeder v. State, 96-04892.
...the trial court must strike the lien and impose a new lien provided the appellant is afforded notice and hearing. See Fields v. State, 712 So.2d 413 (Fla. 2d DCA 1998); Gerald v. State, 699 So.2d 304 (Fla. 2d DCA Reversed and remanded. PATTERSON, A.C.J., and WHATLEY and GREEN, JJ., concur. ...
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Alexander v. State, 99-00502.
...the trial court may reimpose the same six-year sentence, provided written reasons for departure are set forth. See Fields v. State, 712 So.2d 413 (Fla. 2d DCA 1998); Hernandez. Additionally, the written sentencing documents should be corrected to conform to the trial court's oral pronouncem......