State v. Waldo, 91-00208
| Decision Date | 24 July 1991 |
| Docket Number | No. 91-00208,91-00208 |
| Citation | 582 So.2d 820 |
| Parties | STATE of Florida, Appellant, v. Reginald A. WALDO, III, Appellee. 582 So.2d 820, 16 Fla. L. Week. D1923 |
| Court | Florida District Court of Appeals |
Earl Moreland, State Attorney, and Peter S. Baranowicz, Asst. State Atty., Sarasota, for appellant.
James Marion Moorman, Public Defender, and William Pena Wells, Asst. Public Defender, Bartow, for appellee.
The State of Florida challenges the sentence imposed upon the appellee, Reginald A. Waldo, III, after he admitted violating the terms and conditions of his community control. We reverse.
The appellee was originally placed on community control after he pled nolo contendere to a charge of committing a lewd and lascivious act upon a child. He was subsequently charged with violating community control by driving while under the influence.
When the appellee appeared to answer this charge, he signed a waiver of rights form and admitted the charge on the condition that he receive a certain sentence. The appellee agreed that if his plea was accepted his community control would be modified to require him to attend a drug and alcohol treatment program and that he would receive a five and one-half year suspended sentence. The state objected to the plea on the ground that the guidelines called for a minimum sentence of five and one-half years in prison and the proposed sentence would be a downward departure without any valid reasons for such a departure. The trial judge stated that he wanted to give the appellee one more chance and, over the state's objection, accepted the plea and imposed the proposed sentence. The state filed a timely notice of appeal.
When sentencing pursuant to the guidelines, a trial judge may impose a split sentence, but if he does, the incarcerative portion must not be less than the minimum guidelines range. Comm.Note (d)(12) Fla.R.Crim.P. 3.701. The trial judge may, of course, depart from this requirement if he provides a valid written reason for doing so. State v. McCall, 573 So.2d 362 (Fla. 5th DCA 1990). The appellee's sentence did not require him to serve at least the minimum sentence required by the guidelines and was, accordingly, a downward departure. Since the trial judge failed to provide written reasons for departing from the guidelines, and the state did not agree to the downward departure, the appellee's sentence must be reversed. State v. Allen, 557 So.2d 960 (Fla. 4th DCA 1990).
...
To continue reading
Request your trial
-
Roberts v. State, 95-557
...requirement if he provides a valid written reason for doing so. State v. McCall, 573 So.2d 362 (Fla. 5th DCA 1990). State v. Waldo, 582 So.2d 820, 821 (Fla. 2d DCA 1991) (emphasis added); see also Baggett v. State, 637 So.2d 303, 304 (Fla. 1st DCA 1994) (stating that "no written reasons wer......
-
Roberts v. State
...(d)(12) have found that, when a judge properly departs from the guidelines, the committee note does not control. See State v. Waldo, 582 So.2d 820 (Fla. 2d DCA 1991); State v. Rice, 464 So.2d 684 (Fla. 5th DCA 1985). The district court then found that this previous case law provided a basis......
-
State v. Solomon, 95-02203
...Solomon to serve the minimum sentence required by the guidelines, the sentence constitutes a downward departure. See State v. Waldo, 582 So.2d 820 (Fla. 2d DCA 1991). See also Salemi v. State, 636 So.2d 824 (Fla. 2d DCA When the record reflects that the trial court was aware it was imposing......
- Eddy v. Napier