Amendments to 921.00265

1. Jackson v. State

   64 So. 3d 90 (Fla. 2011)   Cited 43 times

   A departure sentence is one that "decreases an offender's sentence below the lowest permissible sentence" provided by calculations from the total sentence points. § 921.00265(2), Fla. Stat. (2008); see also Fla.R.Crim.P. 3.704(d)(27)(A). A trial court must not impose a downward departure sentence unless mitigating circumstances or factors are present which reasonably justify such a departure. §§ 921.0026(1), 921.00265(1), Fla. Stat. (2008); Fla.R.Crim.P. 3.704(d)(27). Section 921.0026(2) sets forth a nonexclusive list of mitigating factors under which a departure from the lowest permissible sentence is reasonably justified. § 921.0026(2), Fla. Stat. (2008).

   PAGE 92
2. State v. Ayers

   901 So. 2d 942 (Fla. Dist. Ct. App. 2005)   Cited 50 times

   Section 921.0026(1), Florida Statutes (2003), provides that a sentence less severe than the lowest permissible sentence shown on the Criminal Punishment Code scoresheet "is prohibited unless there are circumstances or factors that reasonably justify the downward departure." See also § 921.00265(1). Section 921.0026(2), which sets forth a nonexclusive list of such mitigating circumstances, provides in pertinent part: "Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include . . . (j) The offense was committed in an unsophisticated manner and was an isolated incident for which the defendant has shown remorse." Under section 921.002(3), "[t]he level of proof necessary to establish facts supporting the mitigation of a sentence is a preponderance of the evidence" and any downward departure sentence "must be explained in writing by the trial court judge." See also § 921.00265(2).

   PAGE 945
3. State v. Hodges

   151 So. 3d 531 (Fla. Dist. Ct. App. 2014)   Cited 10 times

   Rule 3.704 implements the legislatively-created sentencing guidelines, and the statute and the rule each requires a court imposing a downward departure to file, within seven days of the sentencing, either a written order or a copy of the hearing transcript, setting forth the basis for the downward departure.See § 921.00265(2) ; Fla. R. Crim. P. 3.704(d)(27)(A).

   PAGE 534
4. Staffney v. State

   826 So. 2d 509 (Fla. Dist. Ct. App. 2002)   Cited 26 times

   The trial court failed to make written findings as required by section 921.00265(2), Florida Statutes (2001). This omission alone does not render the sentence invalid. See Pease v. State, 712 So.2d 374 (Fla. 1997). However, we need not address the lack of written findings for the departure because we reverse for re-sentencing pursuant to the guidelines.

   PAGE 511
5. State v. Lindsay

   163 So. 3d 721 (Fla. Dist. Ct. App. 2015)   Cited 3 times

   A departure sentence is one that “decreases an offender's sentence below the lowest permissible sentence” provided by calculations from the total sentence points. § 921.00265(2), Fla. Stat. (2008); see alsoFla. R.Crim. P. 3.704(d)(27)(A). A trial court must not impose a downward departure sentence unless mitigating circumstances or factors are present which reasonably justify such a departure. §§ 921.0026(1), 921.00265(1), Fla. Stat. (2008); Fla. R.Crim. P. 3.704(d)(27). Section 921.0026(2) sets forth a nonexclusive list of mitigating factors under which a departure from the lowest permissible sentence is reasonably justified. § 921.0026(2), Fla. Stat. (2008). Id. at 92.

   PAGE 723
6. State v. Hall

   981 So. 2d 511 (Fla. Dist. Ct. App. 2008)   Cited 11 times

   Pursuant to section 921.0026(1), Florida Statutes (2004), the trial court may not impose a sentence below the lowest permissible sentence required by the Criminal Punishment Code unless the defendant establishes a valid basis for departure. See also State v. Carlson, 911 So.2d 234, 236 (Fla. 2d DCA 2005). The defendant has the burden of presenting competent, substantial evidence to support the reason or reasons articulated for the downward departure sentence. State v. Jimenez-Porras, 974 So.2d 422 (Fla. 2d DCA. 2007). If the defendant's evidence establishes a valid basis for a downward departure sentence and the trial court decides to impose such a sentence, the trial court must file written reasons supporting the downward departure within seven days after the date of sentencing. § 921.00265( 2); see also Carlson, 911 So.2d at 236; State v. Ayers, 901 So.2d, 942, 945 (Fla. 2d DCA 2005). If the trial court fails to file written reasons, a downward departure sentence may nevertheless be affirmed if the trial court has made oral findings supporting the departure sentence on the record at the sentencing hearing. § 921.00265( 2); see also Pease v. State, 712 So.2d…

   PAGE 513
7. Champagne v. State

   269 So. 3d 629 (Fla. Dist. Ct. App. 2019)   Cited 16 times

   A departure sentence is one "that decreases an offender's sentence below the [LPS]." § 921.00265(2).

   PAGE 632
8. State v. Carlson

   911 So. 2d 234 (Fla. Dist. Ct. App. 2005)   Cited 9 times

   Pursuant to section 921.0026(1), Florida Statutes (2003), the trial court may not impose less than the lowest permissible sentence required by the Code unless the defendant establishes a valid basis for departure. If the defendant establishes such a basis, the trial court must file written reasons that support the downward departure sentence within seven days after the date of sentencing. § 921.00265(2); see also State v. Ayers, 901 So.2d 942, 945 (Fla. 2d DCA 2005). If the trial court fails to file written reasons, a downward departure sentence may nevertheless be affirmed if the trial court has made oral findings supporting the departure sentence on the record at the sentencing hearing. § 921.00265(2); Pease v. State, 712 So.2d 374 (Fla. 1997). In the absence of either written or oral findings, however, a downward departure sentence is improper. § 921.0026(1).

   PAGE 236
9. State v. Noble

   No. 3D07-505 (Fla. Dist. Ct. App. Sep. 3, 2008)

   The State of Florida appeals the imposition of a downward departure sentence on the ground the trial court failed to provide written reasons or a written transcript of orally stated reasons, as required by section 921.00265, Florida Statutes (2006). We agree and reverse and remand to permit the defendant to withdraw his plea, or for resentencing in accordance with the sentencing guidelines. See State v. Green, 932 So. 2d 365 (Fla. 3d DCA 2006).
10. State v. Noble

    990 So. 2d 1265 (Fla. Dist. Ct. App. 2008)

    The State of Florida appeals the imposition of a downward departure sentence on the ground the trial court failed to provide written reasons or a written transcript of orally stated reasons, as required by section 921.00265, Florida Statutes (2006). We agree and reverse and remand to permit the defendant to withdraw his plea, or for resentencing either in accordance with the sentencing guidelines (or, if below the guidelines, with the requisite findings). See Brown v. State, 687 So.2d 1300 (Fla. 1997).