Narrative Opinion Summary
In this case, the defendant appealed the order revoking his probation and the sentence imposed thereafter. Initially, the defendant faced allegations of six probation violations, but during the hearing, only a single violation, involving burglary at a specific electronics store, was substantiated. The court acknowledged the mistake in including unproven violations in the revocation order, and the state concurred, necessitating the exclusion of these from the order. Following the revocation of probation, the trial judge imposed a sentence of five years’ imprisonment, departing from the sentencing guidelines. However, the judge failed to provide written reasons for this departure, as required by Florida Rule of Criminal Procedure 3.701(d)(11) and established case law. This omission led to the reversal of the sentence. Consequently, the case was remanded for the correction of the revocation order and the resentencing of the defendant, with Judges Lehan and Frank concurring in the decision.
Legal Issues Addressed
Departure Sentences and Written Reasonssubscribe to see similar legal issues
Application: The court emphasized that written reasons are necessary for any departure from sentencing guidelines, and the absence of such documentation invalidates the sentence.
Reasoning: However, while the judge provided oral reasons for the departure, he did not submit them in writing, which is mandated by Florida Rule of Criminal Procedure 3.701(d)(11) and relevant case law.
Revocation of Probationsubscribe to see similar legal issues
Application: The court recognized that the revocation of probation can only be based on proven violations. In this case, only one of the alleged six violations was proven.
Reasoning: The affidavit cited six probation violations, but only one—burglary at Beyond Personal Electronics in Tampa—was proven at the hearing.