STATE OF FLORIDA, APPELLANT,
v.
LAMARION MAURICE SOLOMON, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court erred in imposing a downward-departure sentence without providing written reasons and that third-degree felony sentences exceeded the statutory maximum.
[1] A trial court must provide written reasons for imposing a downward departure sentence when it is aware that it is imposing such a departure.
[2] Sentences for third-degree felonies cannot exceed the five-year statutory maximum.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe defendant pleaded no contest to multiple cocaine-related offenses. The trial court imposed sentences that exceeded the statutory maximum for some …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Downward Departure Sentence cases and more on FLexlaw
PARKER, Judge.
The state appeals the sentence imposed on Lamarion Maurice Solomon, arguing that the trial court erred in imposing a downward-departure sentence without providing written reasons. We agree and reverse. In two different eases the state charged Solomon with the following offenses: one count of possession of cocaine with intent to deliver, a second-degree felony; one count of possession of cocaine, a third-degree felony; three counts of delivery of cocaine, second-degree felonies; three counts of possession of cocaine, third-degree felonies; and one count of trafficking in cocaine (28 to 200 grams), a first-degree felony. Solomon entered a no contest plea to each of the nine counts. Solomon’s sentencing guidelines scoresheet reflected a range between 61.35 months and 102.5 months. For each of the offenses involved, the trial court sentenced Solomon to eight years in prison suspended and two years’ community control to be followed by three years’ probation. The sentences were to ran concurrently.
First, the third-degree felony sentences must be reversed because they exceed the five-year statutory maximum. See § 775.082(3)(d), Fla.Stat. (1993). Second, because the suspended prison sentence did not require 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 1994).
When the record reflects that the trial court was aware it was imposing a departure sentence and failed to provide written reasons for the departure, on remand the trial court must resentence within the guidelines. McGowan v. State, 648 So. 2d 1225 (Fla. 4th DCA 1995). From a review of the trial court’s statements at sentencing, we conclude that the trial court knew it was imposing a downward-departure sentence. Accordingly, on remand, the trial court must sentence Solomon within the sentencing guidelines.
Reversed and remanded for resentencing within the guidelines.
SCHOONOVER, A.C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Brannum, 876 So. 2d 724 (Fla. 5th DCA 2004)…he sentencing guidelines’ range was from 36.75 to 61.25 months in state prison and the defendant received a sentence of three years' state prison, which was suspended, and one year in jail followed by two years’ community control); State v. Solomon, 667 So. 2d 937 (Fla. 2d DCA 1996) (noting that defendant received a downward departure sentence when the sentencing guidelines scoresheet reflected a range between 61.35 months and 102.5 months and the trial court sentenced him to eight years in prison, suspended,…
-
State v. White, 842 So. 2d 257 (Fla. 1st DCA 2003)…ocaine within 1000 feet of a church. We reverse. A sentence consisting of a completely suspended prison term followed by a probationary period falls below the sentencing guidelines. See State v. Powell, 703 So. 2d 444 (Fla.1997); State v. Solomon, 667 So. 2d 937 (Fla. 2d DCA 1996). Therefore, as a matter of law, such a sentence is treated as a downward departure sentence. See State v. Henriquez, 717 So. 2d 1087, 1097 (Fla. 3d DCA 1998); see also Vause v. State, 803 So. 2d 799 (Fla. 1st DCA 2001). Valid reas…
-
State v. Grayson, 916 So. 2d 51 (Fla. 2d DCA 2005)…l Punishment Code worksheet recommends a minimum prison sentence and, instead, the trial court suspends the incarcerative portion of the sentence and places the defendant on probation, the sentence constitutes a downward departure. State v. Solomon, 667 So. 2d 937 (Fla. 2d DCA 1996). The trial court may suspend the incarcerative portion of a recommended sentence only if a valid reason for a downward departure [*53] exists. State v. Bray, 738 So. 2d 962, 963 (Fla. 2d DCA 1999). Section 921.0026(2), Florida St…
Authorities Cited
- Salemi v. State, 636 So. 2d 824 (Fla. 2d DCA 1994)
- McGOWAN v. State, 648 So. 2d 1225 (Fla. 4th DCA 1995)
- Eddy v. Napier, 582 So. 2d 820 (Fla. 2d DCA 1991)