STATE OF FLORIDA, PETITIONER,
v.
KISON EVANS, RESPONDENT

Fla. | 1997-05-08
No. 88145
KOGAN, C.J., and SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.
693 So. 2d 553 Florida Supreme Court (1997) Positive Treatment
Cited by 3 cases

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.

Synopsis

The Florida Supreme Court reversed the Fifth District Court of Appeal's decision that a juvenile's sentence was illegal due to the trial court's failure to enter written findings when sentencing Evans as an adult. The Court held that the omission of written findings does not render a sentence illegal if the sentence itself does not exceed the maximum period prescribed by law.


Holding

The sentence is not illegal merely because the trial court failed to enter written findings, provided the sentence does not exceed the maximum period prescribed by law. The failure to file written findings for a sentencing decision is a procedural defect, not an illegality that affects the validity of the sentence itself.


Headnotes

[1] A sentence is not illegal when a trial court fails to provide written reasons for a departure from sentencing guidelines, provided the sentence does not exceed the statut…

[2] The failure of a trial court to reduce specific written findings to writing when sentencing a minor as an adult does not render the sentence illegal.

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Key Quotes

“the failure to file written findings for a departure sentence is not illegal so long as the sentence does not exceed the maximum period set forth by law”

Establishes the controlling legal principle that procedural defects in sentencing documentation do not render a sentence illegal if the sentence itself complies with statutory maximums

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Facts & Procedural History

In 1991, sixteen-year-old Kison Evans pleaded nolo contendere to armed robbery and was adjudicated as an adult. While on probation, Evans was apprehen…

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Opinion of the Court
OVERTON, Justice.

OVERTON, Justice.

We have for review Evans v. State, 672 So. 2d 554 (Fla. 5th DCA 1996), in which the district court reversed the trial court’s denial of Kison Evan’s motion for postconviction relief. The district court determined that Evan’s sentence was “illegal” because the trial court failed to enter written findings when sentencing Evans, a minor, as an adult. We have jurisdiction based on express and direct conflict with Davis v. State, 661 So. 2d 1193 (Fla.1995). Art. V, § 3(b)(3), Fla. Const. In summary, we hold that under the reasoning set forth in our decision in Davis, the sentence was not illegal. We quash the decision in Evans.

The record in this case.reflects the following. In 1991, sixteen-year-old Evans pleaded nolo contendere to one count of armed robbery, a first-degree felony punishable by life imprisonment. Evans was adjudicated as an adult and placed on probation. While on probation, Evans was apprehended when he tried to purchase cocaine. A probation viola tion hearing was held and, on October 28, 1992, the trial judge found that Evans had violated his probation and sentenced him to seventeen years’ imprisonment, followed by five years’ probation. That sentence was appealed and the district court of appeal per curiam affirmed the sentence on August 3, 1993. Evans v. State, 623 So. 2d 508 (Fla. 5th DCA 1993).

On July 9, 1995, almost two years after his appeal was finalized, Evans filed a motion for postconviction relief in which he alleged that he was improperly sentenced as an adult because the trial court did not make specific written findings as required by section 39.059(7)(d), Florida Statutes (1991). The trial court summarily denied relief.

On appeal, the Fifth District Court of Appeal reversed. First, the district court explained that under the statute a juvenile could receive adult sanctions only “if specific findings mandated by the statute were reduced to writing.” 672 So. 2d at 554. The district court then concluded: “If there is a complete absence of written findings, there is no authority for sentencing a juvenile as an adult and the resulting sentence is illegal.” Id. (emphasis added).

Based on our decision in Davis, we conclude that the district court erred in finding that Evans’ sentence was illegal. Our decision in that case makes it clear that the failure of a trial court to comply with the mandated direction of providing written reasons does not make a sentence illegal.

In Davis, the defendant’s sentence was within the maximum allowed by law but was outside the range of the sentencing guidelines. The trial judge did not file written reasons for the departure from the sentencing guidelines as required by statute. On appeal, the defendant raised issues regarding alleged errors at trial but did not raise any issue regarding the trial judge’s failure to set forth written reasons in imposing the sentence. Additionally, as in this case, the defendant did not seek review on that issue until after his direct appeal was final when he filed a postconviction motion to vacate and to set aside his sentence under Florida Rule of Criminal Procedure 3.800 and/or Rule 3.850. In his motion, the defendant claimed for the first time that his sentence was illegal because the trial judge failed to timely reduce the reasons for the departure from the sentencing guidelines. We concluded that the defendant was not entitled to relief. Although we acknowledged that an illegal sentence can be addressed at any time, we held that the failure to file written findings for a departure sentence is not illegal so long as the sentence does not exceed the maximum period set forth by law. Our decision in Davis is controlling here.

Accordingly, for the above reasons, we quash the district court’s decision in Evans and direct that the order of the trial court be reinstated.

It is so ordered.

KOGAN, C.J., and SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.


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Citator

Cited By

  • Darian Wright v. State, 707 So. 2d 385 (Fla. 2d DCA 1998)
    …is a question of law which may be raised at any time.” Id. at 1036. Even if this issue is not cognizable under rule 3.800(a),1 it is correctable on direct appeal for sentencing errors which occurred upon revocation of probation. See State v. Evans, 693 So. 2d 553 (Fla.1997). Accordingly, we reverse this case and remand for correction of the scoresheet to reflect points for contact instead of penetration and for resentencing, because we cannot glean from the record that the trial court would have given the sa…
  • Cunningham v. State, 37 So. 3d 375 (Fla. 3d DCA 2010)
    …PER CURIAM. Affirmed. See State v. Evans, 693 So. 2d 553 (Fla.1997).…

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