State v. Henderson
108 So. 3d 1137
| Fla. Dist. Ct. App. | 2013Background
- Henderson pled guilty to DUI, resisting an officer with violence, and driving while license cancelled, with one prior DUI; the court sentenced her to a downward departure but later again imposed the same after objections.
- The trial court stated it would depart downward for rehabilitation, not for statutory grounds, and sentenced Henderson to two years DOC suspended, with community control and probation, plus jail terms for other counts.
- The State objected, arguing substance abuse/addiction cannot be a basis for downward departure under 921.0026(3) and that non-statutory reasons were invalid.
- The trial court relied on non-statutory factors: rehabilitation, family impact, and support for her son, and also cited remorse and lack of prior record.
- A written order listed three nonstatutory grounds for departure, which the State challenged as invalid and the court ultimately reversed on appeal.
- The appellate court held the nonstatutory grounds did not qualify as valid reasons for downward departure and reversed/remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are nonstatutory grounds valid grounds for downward departure? | Henderson | State | Invalid grounds; not supported by statute or caselaw |
| Can substance abuse/addiction be a basis for downward departure under 921.0026(3)? | Henderson | State | Invalid basis; 921.0026(3) precludes such use as a mitigating factor for downward departure |
| May a defendant’s family circumstances justify a downward departure? | Henderson | State | Invalid grounds; family-reliant arguments rejected by precedent |
| Did court properly interpret 921.0026(2) and (3) in considering grounds for departure? | Henderson | State | Court misapplied statutory limits; grounds unsupported by statute are invalid |
| Should the case be remanded for resentencing based on valid grounds? | Henderson | State | Yes; reversed and remanded for proper sentencing consistent with statute and case law |
Key Cases Cited
- State v. Subido, 925 So.2d 1052 (Fla. 5th DCA 2006) (criminal penalties largely governed by legislature; valid grounds needed for departure)
- State v. Stephenson, 973 So.2d 1259 (Fla. 5th DCA 2008) (two-step process for determining downward departure)
- Banks v. State, 732 So.2d 1065 (Fla.1999) (two-step analysis for departure; existence of valid ground and factual support)
- State v. Thompson, 844 So.2d 814 (Fla. 5th DCA 2003) (substance abuse not valid basis for departure)
- State v. Owens, 848 So.2d 1199 (Fla. 1st DCA 2003) (substance abuse not valid basis for departure)
- State v. Ford, 739 So.2d 629 (Fla. 3d DCA 1999) (interpretation of statute on departure grounds)
- Knox v. State, 990 So.2d 665 (Fla. 5th DCA 2008) (minor child care alone not valid basis for departure)
- Rafferty v. State, 799 So.2d 248 (Fla. 2d DCA 2001) (parental-status grounds rejected as departure grounds)