Devon Kane Ryerson v. State of Florida
189 So. 3d 1047
| Fla. Dist. Ct. App. | 2016Background
- Appellant charged with two non-forcible third-degree felonies and entered a no-contest plea with no negotiated sentence.
- Sentencing scoresheet totaled 5.1 points, which falls below the 22-point threshold in section 775.082(10), creating a presumptive nonstate-prison sanction.
- Trial court imposed a prison sentence of 30 months followed by two years' probation (concurrent).
- Appellant moved to correct sentence, arguing the court failed to make the written findings required by section 775.082(10) to justify a state prison sentence.
- Trial court issued an order stating the defendant was a "clear and present danger to the community," but did not expressly find that a nonstate prison sanction would present a danger to the public or explain the required nexus.
- Fourth District reversed and remanded for resentencing, directing imposition of a nonstate prison sanction because the required written findings were not made.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with §775.082(10) before imposing a state prison sentence when total sentence points ≤22 | Trial court failed to make the written findings that a nonstate prison sanction could present a danger to the public | Trial court argued the order finding the defendant a "clear and present danger" satisfied the statute | Reversed: statutory requirement unmet because findings did not establish nexus that a nonstate sanction would endanger the public |
Key Cases Cited
- Jones v. State, 71 So. 3d 173 (Fla. 1st DCA 2011) (holding nonstate prison sanction is presumptive when points ≤22 unless court makes written findings of danger)
- Porter v. State, 110 So. 3d 962 (Fla. 4th DCA 2013) (upholding sufficiency of written findings that tied continued danger to release under nonstate sanction)
- Bradley v. State, 155 So. 3d 1248 (Fla. 4th DCA 2015) (recognizing statutory requirement that court find such a sentence poses danger to public)
- Dresch v. State, 150 So. 3d 1199 (Fla. 4th DCA 2014) (directing that failure to make required findings mandates resentencing to nonstate sanction)