State v. Butler, 2D00-1211.
| Decision Date | 23 February 2001 |
| Docket Number | No. 2D00-1211.,2D00-1211. |
| Citation | 787 So.2d 47 |
| Parties | STATE of Florida, Appellant, v. Shannon BUTLER, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.
James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellee. SALCINES, Judge.
The State appeals the downward departure sentence entered after the trial court accepted the no contest plea of Shannon Butler. We reverse because the reason given by the trial court to justify the downward departure sentence is insufficient and, further, the record does not support the trial court's reasoning.
At the plea hearing, the trial court stated that off-the-record discussions had taken place between the court, the defense counsel, and the State concerning a possible plea by Butler to the charge of possession of cocaine. The court stated that if a plea was entered, Butler would be sentenced to four months in the Pinellas County jail with credit for time served. The State objected to the proposed sentence.
The only discussion concerning the offense was the factual basis offered by the State. On January 3, 2000, a law enforcement officer observed Butler riding a bicycle. The officer made consensual contact with Butler who permitted a search. During the search, the officer found a small, clear, plastic baggie which contained less than 0.1 gram of cocaine, a "trace amount." The trial court indicated that it would impose the downward departure sentence because the crime was committed in an unsophisticated manner and it was an isolated incident.
In order to support the trial court's reasoning for the downward departure, it was necessary for there to have been competent, substantial evidence that (1) the offense was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse. See State v. Santomaso, 764 So.2d 735, 737 (Fla. 2d DCA 2000); § 921.0026(2)(j), Fla. Stat. (2000). In the present case, there was no evidence supporting the factor that the offense was an isolated incident, the trial court did not make a finding, and there was no evidence that Butler had shown remorse. Accordingly, the downward departure sentence must be reversed.
On remand, Butler should be afforded the opportunity to withdraw his no contest plea. In the event Butler chooses to withdraw his plea, the trial court may...
To continue reading
Request your trial
-
Staffney v. State, 4D01-4126.
...was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse. State v. Butler, 787 So.2d 47, 48 (Fla. 2d DCA 2001); see also State v. Gosier, 737 So.2d 1121, 1123 (Fla. 4th DCA 1999); State v. Bleckinger, 746 So.2d 553 (Fla. 5th DCA 19......
-
State v. Kelleher
...was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse.” State v. Butler, 787 So.2d 47, 48 (Fla. 2d DCA 2001) (citing § 921.0026(2)(j), Fla. Stat. (2000); State v. Santomaso, 764 So.2d 735, 737 (Fla. 2d DCA 2000)). “ ‘The trial c......
-
State v. Hudson
...was committed in an unsophisticated manner, (2) it was an isolated incident, and (3) the defendant had shown remorse.” State v. Butler, 787 So.2d 47, 48 (Fla. 2d DCA 2001). Here, the trial court addressed the sophistication prong of subsection (j) but made no findings that the offenses amou......
-
Staton v. Staton
... ... dismiss the complaint on the grounds of failure to join indispensable parties and failure to state a cause of action. He also sought a dismissal of the complaint with leave to file in a more ... ...