Andrews v. State
207 So. 3d 889
Fla. Dist. Ct. App.2017Background
- Defendant (then 17) pleaded nolo contendere to armed burglary and related offenses committed with co-defendants.
- Minimal criminal history; Broward County resident; crimes committed in St. Lucie County (Nineteenth Judicial Circuit).
- At sentencing the judge emphasized general deterrence and stated a desire to “send a message” to outsiders to stay out of the circuit, referencing other judges’ tough sentences for similar crimes.
- Court imposed concurrent prison terms (15 years for burglary counts with 15 years probation, and 5 years on remaining counts).
- Defendant appealed, arguing the court improperly relied on general deterrence and on his out-of-county residency when imposing sentence.
- Appellate court upheld consideration of general deterrence but reversed because sentencing based on the defendant’s out-of-county residency was impermissible; remanded for resentencing before a different judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether general deterrence is a permissible sentencing consideration | General deterrence is a valid factor to support the sentence | Court erred in relying on general deterrence at sentencing | General deterrence is permissible (citing Charles v. State) |
| Whether a defendant's out-of-county residence may aggravate sentence | Residence outside the county is a legitimate sentencing consideration to deter outsiders | Sentence improperly based on defendant being from another county; residency is not a valid aggravator | Sentencing based on out-of-county residency is impermissible; sentence vacated and remanded for resentencing before a different judge |
Key Cases Cited
- Charles v. State, 204 So.3d 63 (Fla. 4th DCA 2016) (general deterrence is a permissible sentencing factor)
- Norvil v. State, 191 So.3d 406 (Fla. 2016) (PSI statutory factors limit appropriate sentencing considerations; residence history focuses on domicile/stability)
- Imbert v. State, 164 So.3d 1174 (Fla. 4th DCA 2015) (trial court may consider various factors when sentencing within statutory range)
- United States v. Diamond, 561 F.2d 557 (4th Cir. 1977) (vacating sentence where judge punished out-of-town defendants for coming into jurisdiction)
- Jackson v. State, 772 A.2d 273 (Md. 2001) (cannot base sentence severity on where a defendant lives or was raised)
- Miller v. Alabama, 567 U.S. 460 (2012) (punishment must be graduated and proportioned to offender and offense; juveniles have diminished culpability)