State v. Hall
47 So. 3d 361
| Fla. Dist. Ct. App. | 2010Background
- State appeals Hall's two grand theft sentences after her no contest plea and argues the circuit court erred in downward departure.
- Pretrial, Hall offered to plead no contest to two counts for 48 months each; minimum permissible was 66.1 months; maximum 10 years.
- Circuit judge downward departed citing early acceptance of responsibility and scoring greater than the minimum, despite objections and no evidentiary basis presented for departure.
- At sentencing, same grounds were reiterated; no evidence supported the claimed reasons for departure.
- Code § 921.0024 requires a scoresheet and establishes the lowest permissible sentence; if that minimum exceeds the statutory maximum, the Code-mandated sentence must be imposed.
- Court held one ground for departure invalid and the other unsupported by competent substantial evidence; reversed and remanded with option for remand resentencing within guidelines or withdrawal of plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the reasons for downward departure valid grounds under the Code? | Hall | Hall | No valid grounds established; invalid/unsupported departure grounds |
| May a downward departure be based on factors already considered by the sentencing guidelines, such as minimum exceeding maximum? | State | Hall | Invalid departure basis when lowest permissible sentence exceeds statutory maximum |
| Did Hall prove acceptance of responsibility to justify a reduction under Florida law? | State | Hall | Hall failed to prove acceptance of responsibility; no grounds for departure |
| Is a departure justified by early acceptance or plea negotiations under Florida law? | State | Hall | No, not established; plea alone cannot support departure |
Key Cases Cited
- Banks v. State, 732 So.2d 1065 (Fla.1999) (review of downward departure mixed question of law and fact)
- Kezal v. State, 42 So.3d 252 (Fla.2d DCA 2010) (addressing departure standards and evidence)
- State v. Knox, 990 So.2d 665 (Fla.5th DCA 2008) (departure review where grounds may be invalid)
- State v. Betancourt, 40 So.3d 53 (Fla.5th DCA 2010) (nonstatutory grounds for departure; need competent evidence)
- State v. McKnight, 35 So.3d 995 (Fla.5th DCA 2010) (issues with departure grounds when minimum exceeds maximum)
- United States v. Shipley, 963 F.2d 56 (5th Cir.1992) (plea-based sentencing reduction requires guilty plea)