Lyles v. State, 89-1003
| Decision Date | 05 April 1990 |
| Docket Number | No. 89-1003,89-1003 |
| Citation | 559 So.2d 370 |
| Parties | 15 Fla. L. Weekly D894 Randy LYLES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.
The trial court properly found that it was without jurisdiction to entertain appellant's untimely "Amended Motion for New Trial." However, appellant is not precluded from seeking relief by means of a proper motion for post-conviction relief. Richardson v. State, 546 So.2d 1037 (Fla.1989).
The reasons given by the trial court for departing from the recommended guidelines sentence, appellant's having threatened a witness, and three misdemeanor convictions which could not be scored because they occurred subsequent to the instant offense, are valid. Knotts v. State, 533 So.2d 826 (Fla. 1st DCA 1988); Merriex v. State, 521 So.2d 249 (Fla. 1st DCA 1988).
These reasons for departure were orally pronounced at the sentencing hearing. The trial court's written statement of reasons for departure, containing these same reasons, was signed the same day as the sentencing hearing and was filed three days later. Because the record does not demonstrate that the written reasons for departure were actually issued at the sentencing hearing, we find that we are bound by the recent Florida Supreme Court opinion in Ree v. State, 14 F.L.W. 565, (Fla. Nov. 16, 1989), rehearing pending, which held that the trial court must produce its written reasons for departure from the sentencing guidelines at the same hearing at which sentence is imposed.
The supreme court apparently recognized that due process precludes the sentencing judge from preparing written reasons for departure from the sentencing guidelines in advance of the hearing at which evidence relating to the sentence will be given, but found that the trial court still has three options available when the state has urged a departure sentence:
First, if the trial judge finds that departure is not warranted, he or she then may immediately impose sentence within the guidelines' recommendation, or may delay sentencing if necessary. Second, after hearing argument and receiving any proper evidence or statements, the trial court can impose a departure sentence by writing out its findings at the time sentence is imposed, while still on the bench. Third, if further reflection is required to determine the propriety or extent of...
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State v. Lyles
...Judicial Circuit, Tallahassee, for respondent. OVERTON, Justice. The State of Florida petitions this Court to review Lyles v. State, 559 So.2d 370 (Fla. 1st DCA 1990), in which the First District Court of Appeal affirmed Lyles' aggravated battery conviction but reversed and remanded as to t......