State v. Mann, 5D02-3814.
| Citation | 866 So.2d 179 |
| Decision Date | 20 February 2004 |
| Docket Number | No. 5D02-3814.,5D02-3814. |
| Parties | STATE of Florida, Appellant, v. Edwin MANN, Appellee. |
| Court | Court of Appeal of Florida (US) |
Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellant.
Marc L. Lubet of Marc L. Lubet, P.A., Orlando, for Appellee.
The State appeals the imposition of a downward departure sentence following the guilty plea entered by Edwin Mann to three counts of lewd or lascivious battery and one count of lewd or lascivious molestation. The guidelines scoresheet in the instant case required a minimum sentence of 26 years' incarceration in the Department of Corrections. Mann was sentenced to two years of community control concurrently on each count followed by 25 years of probation. The issue we must resolve is whether the reasons set forth by the trial court as the basis for the downward departure are legally valid and supported by competent, substantial evidence. Because it is not necessary for us to give further details of the crimes Mann committed against the fourteen-year-old victim in order to resolve this issue, we will proceed to analyze the record in the instant case and the law regarding departure sentences.
The Florida Legislature has enacted a rather elaborate body of sentencing laws that establish guidelines for the imposition of sentences in criminal cases involving felony offenses. Under this statutory scheme, the trial court must at least impose the minimum sentence required under the guidelines unless a valid basis for a departure sentence is established. § 921.00265(1), Fla. Stat. (2002). In order to determine whether a departure sentence below the minimum sentence required under the guidelines is appropriate, the trial court must follow a two-step process. Banks v. State, 732 So.2d 1065 (Fla. 1999). First, the trial court must determine whether there is a valid legal basis for the departure sentence that is supported by facts proven by a preponderance of the evidence. Banks; § 921.001(4)(a)6., Fla. Stat. (2002) (). The burden of proof lies with the defendant. See State v. Silver, 723 So.2d 381 (Fla. 4th DCA 1998)
. This step involves mixed questions of law and fact. Banks. Therefore, in reviewing this determination, an appellate court must decide whether the trial court applied the correct rule of law, and whether competent substantial evidence supports the basis for the departure. Id. Because competent substantial evidence equates to legally sufficient evidence, the appellate court will assess the evidence to determine its sufficiency, not its weight. Id.
If the requirements of step one are met, the second step in the analysis requires the trial court to determine whether a departure sentence is the best sentencing option for the defendant by weighing the totality of the circumstances in the case, including the aggravating and mitigating factors. Id. This part of the process is reviewed pursuant to the abuse of discretion standard of review, which requires the appellate court to sustain the trial court's determination unless no reasonable person would agree with the trial court's decision. Id.
The basis for the departure sentence should be articulated by the trial court in writing. See §§ 921.001(4)(a)6.,.00265(2), Fla. Stat. (2002). However, if the trial court fails to do so, a downward departure sentence may be affirmed if the trial court orally pronounces on the record a valid basis for the sentence. Pease v. State, 712 So.2d 374 (Fla.1997); see also Fla. R.Crim. P. 3.704(d)(27)(A). Here, the trial court did not render written findings regarding his reasons for the departure sentence, so we must examine the sentencing transcripts to determine whether the trial court orally announced a valid basis for the sentence.
Section 921.0026(2)(a)-(l), Florida Statutes, is a list of mitigating circumstances that justify a departure from the sentencing guidelines. Because this list is nonexclusive, case-law may also provide valid grounds for a departure sentence. Banks. Of the statutory mitigators, our review of the record shows, and Mann argues in these proceedings, that the trial court relied on two. The first basis is that, pursuant to section 921.0026(2)(d), Mann requires specialized treatment for a mental disorder for which he is amenable to treatment. The second basis is that, pursuant to section 921.0026(2)(j), Mann committed the offenses in an unsophisticated manner and these were isolated offenses for which he has shown remorse.1
In order to establish that he required specialized treatment for a mental disorder, Mann called Dr. Grecco, who testified that Mann suffered from dysthymia, a depressive disorder, and suffered with post-traumatic stress disorder with delayed onset, a condition described as occurring when a person has undergone a traumatic event at some point in life, repressed the event, then had the emotion triggered by some new event. Mann had been sexually abused as a child and, according to Grecco, working as a sex crimes investigator and reviewing thousands of hours of child pornography several months before the offenses in the instant case reactivated the trauma, confusion, and shame Mann felt about his own abuse. Dr. Grecco further opined that although Mann tried to deal with his feelings, he was emotionally fragile. Mann's acquaintanceship with the victim developed into an emotional relationship after the girl repeatedly sought him out for advice. Mann reported that at the time, he viewed himself and the girl as equals while "in the full flush of feeling in love...." Dr. Grecco did admit that "at some level," Mann knew that what he was doing was wrong at the time. Mann argues that this testimony established that he suffers from a mental disorder that requires specialized treatment.
Mindful as we are of the standard of review that prohibits us from weighing the credibility of this doctor's testimony, we simply quote the trial judge, who said that "[m]ost of what the first psychologist [Dr. Grecco] said was dumb and I disregard it." We also note the State's strong reservations whether this doctor's testimony even established a mental disorder. But beyond establishing a mental disorder, Mann was required to establish that he suffers from a mental disorder that requires specialized treatment. This court and others have held that in order to establish the need for specialized treatment, it must be established that the mental disorder requires treatment that is not available in the Department of Corrections. See State v. Porche, 826 So.2d 1062 (Fla. 2d DCA 2002)
; State v. Tyrrell, 807 So.2d 122 (Fla. 5th DCA 2002); State v. White, 755 So.2d 830 (Fla. 5th DCA 2000); State v. Thompson, 754 So.2d 126 (Fla. 5th DCA 2000); State v. Stewart, 749 So.2d 555 (Fla. 2d DCA 2000); State v. Abrams, 706 So.2d 903 (Fla. 2d DCA 1998). Assuming that Mann does suffer from a mental disorder, there has been no showing that he requires specialized treatment that is not available in the Department...
To continue reading
Request your trial
-
State v. Owens
...State v. Wheeler, 891 So.2d 614, 616 (Fla. 2d DCA 2005); State v. Green, 890 So.2d 1283, 1286 (Fla. 2d DCA 2005); State v. Mann, 866 So.2d 179, 182 (Fla. 5th DCA 2004); State v. Tyrrell, 807 So.2d 122, 127–28 (Fla. 5th DCA 2002); State v. White, 755 So.2d 830, 832–33 (Fla. 5th DCA 2000); St......
-
State v. Chubbuck
...State v. Scherber, 918 So.2d 423, 424–25 (Fla. 2d DCA 2006); State v. Holmes, 909 So.2d 526, 528 (Fla. 1st DCA 2005); State v. Mann, 866 So.2d 179, 182 (Fla. 5th DCA 2004). Here, the state correctly asserts that Chubbuck offered no evidence that the Department of Corrections could not provi......
-
State v. Owens
...State v. Wheeler, 891 So. 2d 614, 616 (Fla. 2d DCA 2005); State v. Green, 890 So. 2d 1283, 1286 (Fla. 2d DCA 2005); State v. Mann, 866 So. 2d 179, 182 (Fla. 5th DCA 2004); State v. Tyrrell, 807 So. 2d 122, 127-28 (Fla. 5th DCA 2002); State v. White, 755 So. 2d 830, 832-33 (Fla. 5th DCA 2000......
-
State v. Chubbuck
...2005), State v. Wheeler, 891 So.2d 614 (Fla. 2d DCA 2005), State v. Green ( Green I ), 890 So.2d 1283 (Fla. 2d DCA 2005), State v. Mann, 866 So.2d 179 (Fla. 5th DCA 2004), State v. Tyrrell, 807 So.2d 122 (Fla. 5th DCA 2002), State v. Thompson, 754 So.2d 126 (Fla. 5th DCA 2000), and State v.......
-
Judgment and sentence
...evidence of defendant’s mental health issues at her sentencing hearing. Court erroneously found that 5th DCA’s decision in State v. Mann, 866 So. 2d 179 (Fla. 5th DCA 2004) precluded it from considering departure from guidelines unless defendant first met burden of showing that appropriate ......