STATE OF FLORIDA, APPELLANT,
v.
NICOLAUS MORRIS, 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 State appealed downward departure sentences imposed on Morris following his guilty pleas to leaving the scene of an accident with injury and reckless driving causing serious bodily injury. The court reversed, holding that the trial court improperly based the downward departure solely on Morris's lack of prior record, a factor already accounted for in the sentencing guidelines.
The court held that downward departure sentences are improper when based solely on factors already accounted for in the sentencing guidelines. Because the sentencing guidelines inherently account for a defendant's prior record, lack of prior convictions cannot serve as a basis for a downward departure.
[1] A downward departure sentence is improper when based solely on factors already accounted for in the sentencing guidelines.
[2] The absence of prior convictions cannot serve as a basis for a downward departure from a recommended sentence under the sentencing guidelines.
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 intelligence“A downward departure occurs when a prison sentence is indicated on a scoresheet but the court imposes a suspended prison term and probation.”
Defines what constitutes a downward departure under Florida law.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMorris, age 19, pleaded guilty to leaving the scene of an accident with injury and reckless driving causing serious bodily injury. The sentencing scor…
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 Prior Record cases and more on FLexlaw
The State appeals downward departure sentences imposed in two cases following Nicolaus Morris’s open pleas of guilty. We reverse.
Morris pleaded guilty to leaving the scene of an accident with injury and to reckless driving causing serious bodily injury. The scoresheet noted a prior misdemeanor conviction for reckless driving, and it included points for both severe and moderate victim injuries. The lowest permissible prison sentence indicated by the score-sheet was just under four years in prison (44.175 months). The prosecutor argued for a five-year prison term plus probation.
Morris, who was nineteen years old at the time of the offenses, sought youthful offender sentencing. The circuit court declined to consider that alternative. Instead, it imposed sentences of three years in prison, suspended the sentences, and placed Morris on two years of community control followed by three years’ probation. When asked to state a basis for the downward departure, the court replied “lack of prior record.”
A downward departure occurs-when a prison sentence is indicated on a scoresheet but the court imposes a suspended prison term and probation. State v. Kutz, 157 So.3d 380, 382 n. 1 (Fla. 2d DCA 2015) (citing State v. Brannum, 876 So.2d 724 (Fla. 5th DCA 2004)). Downward departure sentences are improper when based solely on factors that are already accounted for in the sentencing *136guidelines. State v. Sachs, 526 So.2d 48, 50 (Fla.1988). That is the case here.
[T]he lack of prior convictions cannot be a basis for a downward departure. The sentencing guidelines are designed to reflect prior convictions by adding additional points and thereby increasing the length of the recommended sentence. A sentence which is recommended for a defendant without prior convictions is just that; it presupposes that he has never before been convicted of a crime. Hence, the absence of prior convictions cannot be a basis for departing under the recommended sentence.
Sanders v. State, 510 So.2d 296, 297 (Fla.1987). Although Sanders was decided pri- or to the advent of the current Criminal Punishment Code, a defendant’s prior record continues to be factored into his permissible sentence under the Code. §§ 921.0021(5), .0024, Fla. Stat. (2012). For this reason, Morris’s departure sentence based on his minimal prior record was improper.
We reverse and remand for imposition of lawful sentences.
VILLANTI, C.J., and BLACK, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Sachs, 526 So. 2d 48 (Fla. 1988)
- Sanders v. State, 510 So. 2d 296 (Fla. 1987)
- State v. Brannum, 876 So. 2d 724 (Fla. 5th DCA 2004)
- State v. Kutz, 157 So. 3d 380 (Fla. 2d DCA 2015)