State v. Browne
187 So. 3d 377
| Fla. Dist. Ct. App. | 2016Background
- Browne, sentenced to 3 years probation after pleading to attempted burglary of a dwelling (3rd-degree felony) and petit theft (1st-degree misdemeanor).
- After ~18 months of probation, Browne (age 23) admitted a second probation violation by driving under the influence and pleaded no contest.
- The Criminal Punishment Code lowest permissible sentence for the violation was 15.15 months DOC; the trial court imposed a downward departure of 51 weeks in county jail.
- Trial court justified the downward departure primarily because Browne was "too young to appreciate the consequences," had no prior record, and the offenses were lesser-level crimes.
- On appeal, the State challenged the downward departure, arguing the statutory mitigating factor relied on by the trial court lacked competent, substantial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lawfully imposed a downward departure based on youth | Browne argued youth (age 23) justified departure under §921.0026(2)(k) | State argued insufficient evidence that Browne was too young or mentally diminished to appreciate consequences | Reversed: youth alone not proven; departure unsupported by competent, substantial evidence |
| Who bears burden to prove a statutory departure factor | Browne implicitly relied on mitigating factor at sentencing | State emphasized defendant must prove factor by preponderance (citing precedent) | Court affirms defendant bears burden; Browne failed to meet it |
| Whether other stated reasons (no priors; offense levels) justify departure | Browne relied on lack of prior record and lower offense degrees as departure reasons | State argued those reasons are insufficient without statutory support or evidence | Court found only youth was a listed statutory factor; other reasons insufficient as stated |
| Appropriate remedy when departure unsupported | Browne sought to keep county-jail sentence | State sought reversal and resentencing under CPC | Court reversed and remanded; Browne may withdraw plea or be resentenced under CPC (new departure allowed if legally supported) |
Key Cases Cited
- State v. Leverett, 44 So.3d 634 (Fla. 5th DCA) (standard for reviewing downward departures)
- State v. Mann, 866 So.2d 179 (Fla. 5th DCA) (review framework for departures)
- State v. Silver, 723 So.2d 381 (Fla. 4th DCA) (defendant bears burden to prove departure factor)
- State v. Jerry, 19 So.3d 1167 (Fla. 1st DCA) (youth insufficient without evidence of diminished capacity)
- State v. Williams, 963 So.2d 281 (Fla. 4th DCA) (age 22 insufficient to show inability to appreciate consequences)
- State v. Salgado, 948 So.2d 12 (Fla. 3d DCA) (no evidence of emotional immaturity or lack of intelligence = no departure)
- Jackson v. State, 64 So.3d 90 (Fla. 2011) (remedies when departure sentence is unsupported)
- State v. Reith, 43 So.3d 909 (Fla. 2d DCA) (remand procedures after invalid departure)
- State v. Ahua, 947 So.2d 637 (Fla. 3d DCA) (defendant may withdraw plea or be resentenced when departure reversed)