Smith v. State, No. 71372
| Court | United States State Supreme Court of Florida |
| Writing for the Court | KOGAN; EHRLICH |
| Citation | 529 So.2d 1106,13 Fla. L. Weekly 459 |
| Parties | 13 Fla. L. Weekly 459 Benny Ray SMITH, Petitioner, v. STATE of Florida, Respondent. |
| Docket Number | No. 71372 |
| Decision Date | 18 August 1988 |
Page 1106
v.
STATE of Florida, Respondent.
Michael E. Allen, Public Defender and Pamela D. Presnell, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Robert A. Butterworth, Atty. Gen. and Mark C. Menser, Asst. Atty. Gen., Tallahassee, for respondent.
KOGAN, Justice.
The First District Court of Appeal has certified the following question as one of great public importance:
IS A PLEA AGREEMENT, PROVIDING ONLY FOR A SENTENCE WITHIN A TERM LESS THAN THE STATUTORY MAXIMUM FOR A SINGLE CHARGED OFFENSE, AN ADEQUATE REASON FOR EXCEEDING GUIDELINES UP TO THE AGREED MAXIMUM WITHOUT STATING REASONS OTHER THAN THE FACT OF THE AGREEMENT?
Smith v. State, 513 So.2d 197, 199 (Fla. 1st DCA 1987). We have jurisdiction. Art. V,
Page 1107
section 3(b)(4), Fla. Const. We answer the certified question in the affirmative and approve the decision of the district court.Smith was charged with and pled guilty to armed robbery. The guidelines range provided a sentence of four and one-half years to five and one-half years incarceration, but Smith was sentenced to fifteen years incarceration pursuant to a negotiated plea agreement. Under the terms of the agreement Smith agreed to be sentenced up to twenty years. The sole inducement of the agreement was that Smith would not receive the statutory maximum of life imprisonment in the event reasons existed for the trial court to exceed the presumptive guidelines sentence.
At Smith's sentencing the trial court recited six reasons for departure, including Smith's plea agreement. * On appeal the district court determined that five of the six reasons were not clear and convincing reasons for departure and remanded the case for resentencing. The court specifically found the plea agreement was not clear and convincing reason to depart because there was no evidence in the record before the court that Smith entered into such an agreement, nor was there evidence of the specific terms of the agreement.
At Smith's resentencing statements were submitted by counsel for the state, by counsel for Smith, and by Smith himself regarding the existence and terms of the plea agreement. The trial court then determined a valid agreement existed and departed from the presumptive guidelines sentence on the basis of the agreement alone. Smith was sentenced to twelve years incarceration. The First...
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Reynolds v. State, No. 91-1349
...was a valid reason for the trial court to depart from the sentencing guidelines and did not require written reasons. See Smith v. State, 529 So.2d 1106 (Fla.1988); Holland; Yukanovitz v. State, 547 So.2d 722, 723 (Fla. 1st DCA 1989). The concurrent 5-year terms of imprisonment for VOP are l......
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State v. Williams, No. 85784
...review Williams v. State, 653 So.2d 407 (Fla. 2d DCA 1995), which expressly and directly conflicts with our opinion in Smith v. State, 529 So.2d 1106 (Fla.1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Williams and hold that a departure sentence imposed pursuant to a v......
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Franquiz v. State, Nos. 85960
...a plea agreement as long as the plea agreement is established in the record. In Williams, we relied on our decision in Smith v. State, 529 So.2d 1106 (Fla.1988), in which we held that a plea agreement to an upward departure from sentencing guidelines was sufficient without written reasons f......
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Rahmings v. State, No. 93-983
...pleads guilty, and agreed-to sentencing range constitutes an upward departure, sentence was properly imposed); Smith v. State, 529 So.2d 1106, 1107 (Fla.1988) (approving upward departure sentence based upon plea bargain, where bargain had been knowingly and voluntarily entered after consult......
-
Reynolds v. State, 91-1349
...was a valid reason for the trial court to depart from the sentencing guidelines and did not require written reasons. See Smith v. State, 529 So.2d 1106 (Fla.1988); Holland; Yukanovitz v. State, 547 So.2d 722, 723 (Fla. 1st DCA 1989). The concurrent 5-year terms of imprisonment for VOP are l......
-
State v. Williams, 85784
...review Williams v. State, 653 So.2d 407 (Fla. 2d DCA 1995), which expressly and directly conflicts with our opinion in Smith v. State, 529 So.2d 1106 (Fla.1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash Williams and hold that a departure sentence imposed pursuant to a v......
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Franquiz v. State, s. 85960
...a plea agreement as long as the plea agreement is established in the record. In Williams, we relied on our decision in Smith v. State, 529 So.2d 1106 (Fla.1988), in which we held that a plea agreement to an upward departure from sentencing guidelines was sufficient without written reasons f......
-
Rahmings v. State, 93-983
...pleads guilty, and agreed-to sentencing range constitutes an upward departure, sentence was properly imposed); Smith v. State, 529 So.2d 1106, 1107 (Fla.1988) (approving upward departure sentence based upon plea bargain, where bargain had been knowingly and voluntarily entered after consult......