Jackson v. State
64 So. 3d 90
| Fla. | 2011Background
- Jackson pled guilty to two noncapital offenses in April 2008.
- Trial court imposed a downward departure based on amenability to rehabilitation after the State asked for eight years for the cocaine sale.
- Court sentenced concurrently nine months in county jail with 72 days credit; CPC score sheet showed 46.6 points, yielding a 13.95 months–15 year range.
- First District reversed because no written reasons for departure; the oral reason that Jackson was amenable to drug rehabilitation was deemed invalid.
- First District certified direct conflict with Third District decisions permitting remand for resentencing outside the guidelines.
- This case centers on whether remand for resentencing may include a downward departure and whether written reasons are required on remand under the CPC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Remand scope for departure on appeal | Jackson argues remand must stay within guidelines due to reversal for lack of written reasons. | State argues remand can permit a downward departure if valid grounds exist. | Remand may include downward departure when valid grounds exist. |
| Authority to impose downward departure on remand | Jackson contends downward departure cannot be reimposed after reversal. | State contends CPC allows departure on remand with valid justification. | Downward departure is permissible on remand if grounded in valid grounds. |
| Written reasons requirement on remand | Written reasons were not provided, invalidating the original departure. | Written reasons are required within seven days; oral reasons must be supported. | Court did not foreclose remand for valid downward departure; focus is on grounds and compliance. |
Key Cases Cited
- State v. Williams, 20 So.3d 419 (Fla. 3d DCA 2009) (conflict on remand with potential for outside-guidelines resentence)
- State v. Davis, 997 So.2d 1278 (Fla. 3d DCA 2009) (remand may permit downward departure upon valid grounds)
- State v. Berry, 976 So.2d 645 (Fla. 3d DCA 2008) (remand framework consistent with valid-departure grounds)
- Ree v. State, 565 So.2d 1329 (Fla. 1990) (historical requirement for written reasons in prior sentencing schemes)
- State v. Owens, 848 So.2d 1199 (Fla. 1st DCA 2003) (invalid oral reason for departure; relevance to standard for valid departure)