State v. Jones, No. 70138

CourtFlorida Supreme Court
Writing for the CourtKOGAN; EHRLICH; McDONALD; McDONALD
Citation13 Fla. L. Weekly 459,530 So.2d 53
Docket NumberNo. 70138
Decision Date18 August 1988
Parties13 Fla. L. Weekly 459 STATE of Florida, Petitioner, v. Cledius Orlando JONES, Respondent.

Page 53

530 So.2d 53
13 Fla. L. Weekly 459
STATE of Florida, Petitioner,
v.
Cledius Orlando JONES, Respondent.
No. 70138.
Supreme Court of Florida.
Aug. 18, 1988.

Page 54

Robert A. Butterworth, Atty. Gen. and John M. Koenig, Jr., Asst. Atty. Gen., Tallahassee, for petitioner.

Michael E. Allen, Public Defender and Pamela D. Presnell, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for respondent.

KOGAN, Justice.

Cledius Orlando Jones pled guilty to burglary of a dwelling, grand theft, and trafficking in stolen property. The trial judge departed from the recommended guidelines sentence of four and one-half years to five and one-half years incarceration and sentenced Jones to ten years in the state prison. 1 The trial judge gave two reasons for departure:

1) the defendant's extensive juvenile record; and

2) [the defendant is] a continuing threat to the community due to the fact that the temporal proximity of the commission of the crimes evinces a total disregard of the property rights of others.

On appeal Jones challenged both these reasons as invalid.

The First District Court of Appeal found the first reason invalid because the trial judge relied upon juvenile offenses for which Jones had never been adjudicated guilty. 2 The second reason was found invalid because it was based upon Jones' prior criminal record. 3 The sentence was

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vacated and the cause remanded to the trial court for resentencing.

On motion for rehearing the state alleged that the district court's disapproval of the second ground for departure created conflict with Swain v. State, 455 So.2d 533 (Fla. 1st DCA 1984), and Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986). The district court noted that in both Swain and Williams, the trial court's order recited specific offenses and dates of commission relied on by the trial judge for his conclusion that the timing of the commission of the several crimes warranted departure. The order in the instant case did not. The first district also opined that Casteel v. State, 498 So.2d 1249 (Fla.1986), casts doubt on the continuing validity of prior decisions approving reliance on the temporal proximity of the commission of offenses as a ground for departure from a recommended guidelines sentence. The district court then certified to this Court the following question of great public importance:

IS THE TRIAL COURT'S CONCLUSION THAT DEFENDANT IS A CONTINUING THREAT TO THE COMMUNITY DUE TO THE FACT THAT THE TEMPORAL PROXIMITY OF COMMISSION OF THE CRIME EVINCES A TOTAL DISREGARD OF THE PROPERTY RIGHTS OF OTHERS A VALID AND SUFFICIENT GROUND FOR DEPARTING FROM THE SENTENCING GUIDELINES?

Jones v. State, 501 So.2d 665, 667 (Fla. 1st DCA 1987). We have jurisdiction. Art. V, section 3(b)(4), Fla. Const. We answer the certified question in the affirmative, but find the trial judge's reason in this case to be unsupported by the record before us.

In Williams v. State, 504 So.2d 392 (Fla.1987), this Court reaffirmed that a departure sentence could be based on a defendant's pattern of criminal conduct and the time sequence of the commission of each offense in relation to prior offenses and the release from incarceration or supervision. We held that since these are not aspects of a defendant's prior criminal history which are factored in to arrive at a presumptive guidelines sentence, a departure could be based on such factors. Id.

We note, however, that...

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57 practice notes
  • Lipscomb v. State, No. 89-213
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1991
    ...or "the timing of each offense in relation to prior offenses and release from incarceration or supervision". Even in State v. Jones, 530 So.2d 53 (Fla.1988) (Jones I ), after two of the Pentaude justices had been replaced, the court was still unanimous in holding that timing, now referred t......
  • Morgan v. State, No. 88-1196
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1989
    ...1st DCA 1989); Musgrove v. State, 524 So.2d 715 (Fla. 1st DCA 1988); Jones v. State, 501 So.2d 665 (Fla. 1st DCA 1987), decision approved, 530 So.2d 53 (Fla.1988). Additionally, when the state offers prior convictions of disputed accuracy, the state must produce corroborating evidence. Ostr......
  • Lago v. State, No. 90-1334
    • United States
    • Court of Appeal of Florida (US)
    • July 2, 1991
    ...departure sentence. At least three of the four given reasons were valid. See Brown v. State, 569 So.2d 1223 (Fla.1990); State v. Jones, 530 So.2d 53 (Fla.1988); Evans v. State, 528 So.2d 125 (Fla. 3d DCA 1988); Braggs v. State, 522 So.2d 536 (Fla. 3d DCA 1988); Keys v. State, 500 So.2d 134 ......
  • Lattimore v. State, No. 89-2326
    • United States
    • Court of Appeal of Florida (US)
    • December 18, 1990
    ...the defendant's ten prior felony convictions show only a continuous, but not an escalating, pattern of criminal conduct, State v. Jones, 530 So.2d 53, 55 (Fla.1988); and "short time after being sentenced" is not, in our view, a sufficiently articulated reason for a sentencing guidelines dep......
  • Request a trial to view additional results
57 cases
  • Lipscomb v. State, No. 89-213
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1991
    ...or "the timing of each offense in relation to prior offenses and release from incarceration or supervision". Even in State v. Jones, 530 So.2d 53 (Fla.1988) (Jones I ), after two of the Pentaude justices had been replaced, the court was still unanimous in holding that timing, now referred t......
  • Morgan v. State, No. 88-1196
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1989
    ...1st DCA 1989); Musgrove v. State, 524 So.2d 715 (Fla. 1st DCA 1988); Jones v. State, 501 So.2d 665 (Fla. 1st DCA 1987), decision approved, 530 So.2d 53 (Fla.1988). Additionally, when the state offers prior convictions of disputed accuracy, the state must produce corroborating evidence. Ostr......
  • Lago v. State, No. 90-1334
    • United States
    • Court of Appeal of Florida (US)
    • July 2, 1991
    ...departure sentence. At least three of the four given reasons were valid. See Brown v. State, 569 So.2d 1223 (Fla.1990); State v. Jones, 530 So.2d 53 (Fla.1988); Evans v. State, 528 So.2d 125 (Fla. 3d DCA 1988); Braggs v. State, 522 So.2d 536 (Fla. 3d DCA 1988); Keys v. State, 500 So.2d 134 ......
  • Lattimore v. State, No. 89-2326
    • United States
    • Court of Appeal of Florida (US)
    • December 18, 1990
    ...the defendant's ten prior felony convictions show only a continuous, but not an escalating, pattern of criminal conduct, State v. Jones, 530 So.2d 53, 55 (Fla.1988); and "short time after being sentenced" is not, in our view, a sufficiently articulated reason for a sentencing guidelines dep......
  • Request a trial to view additional results

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