LENNIE LEE JOYNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Lennie Lee Joyner appeals his drug possession conviction and sentence. While the appellate court affirms the conviction, it reverses the sentencing because the trial court failed to articulate valid reasons for departing above the guidelines' recommended non-prison sanction.
The court affirmed the conviction, finding no merit in Joyner's suppression argument. However, the court reversed the sentence, holding that the trial court failed to articulate any valid reason justifying departure from the guidelines' recommended non-prison sanction.
[1] A trial court's denial of a motion to suppress evidence is affirmed when the stop, search, or arrest was based on probable cause.
[2] A trial court must provide valid reasons to justify a departure from recommended sentencing guidelines.
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Join FLexlaw to unlock all legal intelligence“After a careful examination of each of the reasons listed by the trial court, we find that it has failed to list any valid reason which would justify a departure from the recommended guidelines sentence.”
Establishes the court's holding that the trial court's written reasons for sentencing departure were legally insufficient under Florida sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceJoyner was convicted of possession of a controlled substance (cocaine). He had a prior criminal history including a 1982 probation for burglary, a 198…
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HALL, Judge.
Lennie Lee Joyner appeals his conviction and sentence for possession of a controlled substance.
Appellant alleges that the trial court erred in denying his motion to suppress the evidence based on lack of probable cause for stop, search, or arrest. We find no merit in this contention and affirm the conviction.
Appellant further alleges that the trial court erred in departing from the recommended guidelines sentence. The sentencing guidelines scoreshéet recommended any nonstate prison sanction. The trial court departed from the recommended sentence and sentenced appellant to two years’ imprisonment.
In sentencing appellant, the trial court filed written reasons justifying its departure.1 After a careful examination of each of the reasons listed by the trial court, we find that it has failed to list any valid reason which would justify a departure from the recommended guidelines sentence.
Accordingly, we affirm the judgment, but reverse the sentence and remand to the trial court with directions that it sentence appellant within the guidelines.2
GRIMES, A.C.J., and SCHOONOVER, J., concur. . This departure sentence is justified by the facts of this case and the defendant’s criminal history. It is significant that in 1982, the defendant was placed on probation for Burglary of a Structure.... The defendant was subsequently (1983) convicted of Grand Theft and sentenced to Florida State Prison for 15 months. The imposition of sentence included a violation of the defendant’s earlier probation.
The defendant was subsequently (November, 1983) sentenced to Florida State Prison for Possession of a Controlled Substance. The instant offense involves Possession of Cocaine. It is significant that the defendant attempted to avoid arrest by running from the police officers.
The defendant’s personal lifestyle is such that he has a minor child although there is no evidence he is providing support. Additionally, the defendant has already completed a substance abuse program, apparently with little success.
. One may question the wisdom of a guidelines recommendation of nonstate prison sanction for conviction of a third degree felony of a defendant who has already committed two other third degree felonies and one second degree felony within the past three years, but that question is not before us.
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Carter v. State, 485 So. 2d 1292 (Fla. 4th DCA 1986)…h as where family members actually witness the crime. See Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986). Finally, the fact that a defendant attempts to avoid arrest will not justify a departure from the sentencing guidelines. Joyner v. State, 482 So. 2d 596 (Fla. 2d DCA 1986). We affirm appellant’s conviction but reverse her sentence and remand for resen-tencing in accordance with the guidelines’ recommended range. REVERSE and REMAND. GLICKSTEIN, J., and HURLEY, DANIEL T.K., Associate Judge, concur.…