Lawson v. State, BL-474
| Decision Date | 15 October 1986 |
| Docket Number | No. BL-474,BL-474 |
| Citation | 11 Fla. L. Weekly 2188,497 So.2d 288 |
| Parties | 11 Fla. L. Weekly 2188 James R. LAWSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James R. Lawson, pro se.
Jim Smith, Atty. Gen. and Norma J. Mungenast, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant, James R. Lawson, was originally charged with one count of sexual battery and two counts of lewd assault on a child. On February 17, 1986, he appeared with counsel and entered a negotiated plea of guilty to the lesser charge of attempted capital sexual battery and agreed to a 20-year sentence in exchange for a dismissal of the other two charges. At two different points during the sentencing hearing, defense counsel objected to the fact that no sentencing guidelines scoresheet had been prepared. When defense counsel stated "I just think the court should be allowed to see what the guidelines scoresheet would say," the trial judge replied "I happen to know." There is no discussion on the record, however, of what the recommended guideline sentence was. Several days after the court imposed the 20-year sentence, a scoresheet recommending a sentence of 12 to 17 years was filed with the trial court.
After a timely filed notice of appeal, appellant's counsel filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although the issue of the absence of a scoresheet was raised in that brief, appellate counsel cited Stokes v. State, 476 So.2d 313 (Fla. 1st DCA 1985) for the proposition that a scoresheet should not be required where all parties have agreed to a negotiated sentence. Appellant then filed a pro se brief in which he argued that the Stokes case was distinguishable in that (1) it did not involve a negotiated plea; (2) the sentence imposed did not constitute a departure from the guidelines; and (3) the record clearly reflects that the trial court had been apprised of appellant's undisputed guideline score by both counsel for the State and for the defense.
We agree with the appellant that the Stokes case is distinguishable from the instant case. We nonetheless affirm for two reasons. First, it is clear that a negotiated plea which includes an agreement to a sentence in excess of the sentencing guidelines constitutes a clear and convincing reason for departure from the guidelines. White v. State, 489 So.2d 115 (Fla. 1st DCA 1986); Geter v. State, 473...
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Jacobs v. State
...42, 43 (Fla. 1st DCA 1986) ("a scoresheet seems unnecessary where all parties have agreed on a negotiated sentence"); Lawson v. State, 497 So.2d 288 (Fla. 1st DCA 1986) (same; certifying question), cause dismissed, 501 So.2d 1282 (Fla.1987); Rowe v. State, 496 So.2d 857, 859 (Fla. 2d DCA 1 ......
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Hosmer v. State, BQ-465
...1st DCA 1988); Denmark v. State, 519 So.2d 20 (Fla. 1st DCA 1987); Marrow v. State, 518 So.2d 479 (Fla. 1st DCA 1988); Lawson v. State, 497 So.2d 288 (Fla. 1st DCA 1986); Quarterman v. State, 506 So.2d 50 (Fla. 2d DCA 1987); Bass v. State, 496 So.2d 880 (Fla. 2d DCA 1986); Key v. State, 452......
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Yarberry v. State, BQ-405
...judge to a sentence in excess of the guidelines can constitute a clear and convincing reason for departure. Compare Lawson v. State, 497 So.2d 288 (Fla. 1st DCA 1986), Houston v. State, 502 So.2d 977 (Fla. 1st DCA 1987), Rowe v. State, 496 So.2d 857 (Fla. 2d DCA 1986); and Bell v. State, 45......
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Percival v. State, s. 85-2338
...is no scoresheet in the record. Appellant's sentences were entered pursuant to an agreement with the trial court. See Lawson v. State, 497 So.2d 288 (Fla. 1st DCA 1986); Rowe v. State, 496 So.2d 857 (Fla. 2d DCA 1986), petition for review granted, No. 69-606 (Fla. March 20, 1987). Additiona......