State v. Young
| Citation | 476 So.2d 161,10 Fla. L. Weekly 463 |
| Decision Date | 29 August 1985 |
| Docket Number | No. 66257,66257 |
| Parties | 10 Fla. L. Weekly 463 STATE of Florida, Petitioner, v. Brian Anthony YOUNG, Respondent. |
| Court | United States State Supreme Court of Florida |
Jim Smith, Atty. Gen., and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender, and Kenneth L. Hosford, Asst. Public Defender, Tallahassee, for respondent.
This cause is before us based on a certified question of great public importance:
WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLA.R.CR.P. 3.701 IN MAKING ITS DECISION TO DEPART FROM THE SENTENCING GUIDELINES, SHOULD THE APPELLATE COURT EXAMINE THE OTHER REASONS GIVEN BY THE SENTENCING COURT TO DETERMINE IF THOSE REASONS JUSTIFY DEPARTURE FROM THE GUIDELINES OR SHOULD THE CASE BE REMANDED FOR A RESENTENCING.
Young v. State, 455 So.2d 551, 552 (Fla. 1st DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In Albritton v. State, 476 So.2d 158 (Fla.1985), we recently addressed the broad question of appellate review of departures from sentencing guidelines. Our discussion there subsumes the specific question here. When a departure sentence is grounded on both permissible and impermissible reasons, the sentence should be reversed and the case remanded for resentencing unless the state is able to show beyond a reasonable doubt that the absence of the impermissible reason(s) would not have affected the departure sentence.
It is clear that the district court here was unable to determine beyond a reasonable doubt that the impermissible reasons did not affect the departure sentence. We approve the decision reversing the sentence and remanding the case for resentencing.
It is so ordered.
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Degroat v. State, 85-1313
...to serve as the basis for a departure sentence under the guidelines. See Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984), aff'd, 476 So.2d 161 (Fla.1985); Vance v. State, 475 So.2d 1362 (Fla. 5th DCA 1985). However, an escalating pattern of similar criminal conduct may justify the imposit......
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Wilson v. State, 88-2533
...or convincing reason for imposing an extended term of imprisonment. Young v. State, 455 So.2d 551, 552 (Fla. 1st DCA 1984), approved, 476 So.2d 161 (1985). Accord Laberge. However, because this reason was not one of the written reasons offered by the trial judge to justify the departure sen......
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Nixon v. State, BC-196
...solely on the basis of the valid reasons. This is the interpretation and application made by the Florida Supreme Court in State v. Young, 476 So.2d 161 (Fla.1985), also authored by Justice Shaw. In Young the court It is clear that the district court was unable to determine beyond a reasonab......
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State v. Schoff, 85-2501
...invalid reasons. Therefore, applying the standard of review required by Albritton v. State, 476 So.2d 158 (Fla.1985), and State v. Young, 476 So.2d 161 (Fla.1985), we affirm. We write only to express our view that consideration of a defendant's lack of a prior record as a reason for downwar......