State v. Esbenshade, 85-2826
| Decision Date | 18 July 1986 |
| Docket Number | No. 85-2826,85-2826 |
| Citation | 11 Fla. L. Weekly 1585,493 So.2d 487 |
| Parties | 11 Fla. L. Weekly 1585 STATE of Florida, Appellant, v. Donald Lee ESBENSHADE, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellant.
James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellee.
The state appeals the trial court's downward guideline departure sentence of appellee contending that the lack of written reasons coupled with the invalidity of these purported reasons for such compel remand for resentencing. We agree.
Appellee was initially convicted of lewd and lascivious acts and received a term of probation which he subsequently violated. Following appellee's sentence for violation of probation, the trial court, pursuant to an apparent plea bargain, sentenced appellee to a five-year concurrent sentence on the second series of offenses. The sentence was less than the recommended guidelines range.
On the bottom of the scoresheet, under reasons for departure, was written: This notation referred to the judge who presided over appellee's hearing for violation of probation. Additionally, the record on appeal contained an unsigned list of reasons for the departure, most of which were facially invalid.
We reverse the sentence as the downward guideline departure based on the plea bargain was not clearly reduced to writing. Although many of the other reasons for departure found in the unsigned, undated list would constitute an equally valid reason for reversal, it is not clear that this list was ever considered. Therefore, we confine our holding to the lack of written reason.
Generally, departure from the sentencing guidelines is warranted when there is a plea bargain which specifies the permissible sentence. Bell v. State, 453 So.2d 478 (Fla.2d DCA 1984), Johnson v. State, 458 So.2d 850 (Fla. 2d DCA 1984). However, in the instant case this otherwise valid reason was not clearly reduced to writing as required by State v. Jackson, 478 So.2d 1054 (Fla.1985).
We remand for resentencing consistent with this requirement.
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State v. Williams
...596 So.2d 461, 462 (Fla. 1st DCA 1992). Second DCA: See Long v. State, 540 So.2d 903 (Fla. 2d DCA 1989); but see State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1986). Fifth DCA: See Brooks v. State, 649 So.2d 329 (Fla. 5th DCA 1995); Smith v. State, 553 So.2d 748 (Fla. 5th DCA 1989); but s......
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Williams v. State, 94-00570
...and the defendant is a valid reason to depart from the guidelines. Quarterman v. State, 527 So.2d 1380 (Fla.1988); State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1986). However, even under these circumstances the sentencing document must reflect a reason for departure. No reason is stated ......
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State v. Evans, 86-1039
...the court failed to provide written reasons for its downward departure from the recommended guideline sentence. See State v. Esbenshade, 493 So.2d 487 (Fla. 2d DCA 1986). The sentencing judge refused to give written reasons because, he said, the Youthful Offender Act "... took itself out of......