Hendrix v. State, No. 65928
| Court | United States State Supreme Court of Florida |
| Writing for the Court | PER CURIAM; BOYD; ADKINS |
| Citation | 10 Fla. L. Weekly 425,475 So.2d 1218 |
| Docket Number | No. 65928 |
| Decision Date | 29 August 1985 |
| Parties | 10 Fla. L. Weekly 425 Terry B. HENDRIX, Petitioner, v. STATE of Florida, Respondent. |
Page 1218
v.
STATE of Florida, Respondent.
Rehearing Denied Oct. 18, 1985.
Page 1219
James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for petitioner.
Jim Smith, Atty. Gen., and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for respondent.
PER CURIAM.
We have for review Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984), which expressly and directly conflicts with decisions of other district courts of appeal and this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
Hendrix, who had pled guilty to grand theft, appealed his four-year prison sentence imposed by the trial court outside the sentencing guidelines. He had a total of twenty-five points under the guidelines, the maximum sentence thus being "any nonstate prison sanctions." Of these twenty-five points, twelve resulted from Hendrix's prior convictions for one third-degree felony and two misdemeanors. Citing this prior record as justification, the trial court departed from the presumptive guidelines sentence, and imposed a sentence of four years imprisonment.
On appeal, Hendrix contended that since his prior record was taken into account in calculating his guidelines score, it was error to reconsider this same factor to justify departure from the guidelines. The Fifth District Court of Appeal affirmed the trial court's departure. 455 So.2d at 450. It held that since the doubling was not specifically precluded by the sentencing guidelines rule, it was acceptable. Id.
In In Re Rules of Criminal Procedure (Sentencing Guidelines), 439 So.2d 848 (Fla.1983), this Court adopted the Sentencing Guidelines, Rule 3.701, Florida Rules of Criminal Procedure. These guidelines were in response to the widespread problem of disparity in sentencing practices around the state. As we stated in our opinion, with the attached rule and committee notes, the guidelines were adopted to establish a "uniform set of standards to guide the sentencing judge" and "to eliminate
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unwarranted variation in the sentencing process by reducing the subjectivity in interpreting specific offense- and offender-related criteria and in defining their relative importance in the sentencing decision." Id. at 849; Fla.R.Crim.Pro. 3.701(b).Departures from the guidelines are permitted, but judges must explain departures in writing and may...
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Lipscomb v. State, No. 89-213
...decision and are not intended to usurp judicial discretion...." 14 Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). 15 475 So.2d 1218, 1220 (Fla.1985). 16 Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla.1990); Hamilton v. State, 533 So.2d 926 (Fla. ......
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Peters v. State, No. 4D11–607.
...would in effect be counting the convictions twice which is contrary to the spirit and intent of the guidelines.” Hendrix v. State, 475 So.2d 1218, 1220 (Fla.1985). In crafting a defendant's scoresheet, points are allotted for the defendant's “prior record” and “[a]ll other offenses for whic......
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Hernandez v. State, No. 74210
...now is settled that a departure may not be based on any matter already factored into the guidelines' computations. In Hendrix v. State, 475 So.2d 1218 (Fla.1985), we To allow the trial judge to depart from the guidelines based upon a factor which has already been weighed in arriving at a pr......
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Stanley v. State, No. 86-946
...in this case--that the quantity of drugs involved in a case is an inherent component of the offense pursuant to Hendrix v. State, 475 So.2d 1218 (Fla.1985), and thus already factored into the guidelines score. While it is true that Stanley was one pound short of a first-degree felony, and t......
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Lipscomb v. State, No. 89-213
...decision and are not intended to usurp judicial discretion...." 14 Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984). 15 475 So.2d 1218, 1220 (Fla.1985). 16 Wesson v. State, 535 So.2d 717 (Fla. 5th DCA 1989), quashed, 559 So.2d 1100 (Fla.1990); Hamilton v. State, 533 So.2d 926 (Fla. ......
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Peters v. State, No. 4D11–607.
...would in effect be counting the convictions twice which is contrary to the spirit and intent of the guidelines.” Hendrix v. State, 475 So.2d 1218, 1220 (Fla.1985). In crafting a defendant's scoresheet, points are allotted for the defendant's “prior record” and “[a]ll other offenses for whic......
-
Hernandez v. State, No. 74210
...now is settled that a departure may not be based on any matter already factored into the guidelines' computations. In Hendrix v. State, 475 So.2d 1218 (Fla.1985), we To allow the trial judge to depart from the guidelines based upon a factor which has already been weighed in arriving at a pr......
-
Stanley v. State, No. 86-946
...in this case--that the quantity of drugs involved in a case is an inherent component of the offense pursuant to Hendrix v. State, 475 So.2d 1218 (Fla.1985), and thus already factored into the guidelines score. While it is true that Stanley was one pound short of a first-degree felony, and t......