State v. Martinez
103 So. 3d 1013
| Fla. Dist. Ct. App. | 2012Background
- May 17, 2010, defendant struck his wife with a hot iron leaving a permanent burn on her leg.
- Charged with one count simple battery and two counts aggravated battery.
- Plea: one simple battery and one aggravated battery withhold of adjudication, two years probation.
- Probation violation found in multiple respects within two months of sentencing.
- Court treated Martinez as a violent felony offender of special concern under 948.06(8)(e)2.a. and sentenced accordingly, despite minimum guidelines.
- Sentence reversed; remanded for re-sentencing under the Criminal Punishment Code and guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the probation violation sentence complied with the Criminal Punishment Code | Martinez argues guidelines apply; court erred by not applying them | State contends 948.06(8)(e)2.a. permits sentence without guidelines | Sentence reversed; guidelines must apply |
| Whether the court properly used dangerousness findings and sentencing range | Court could sentence within guideline bottom to max if dangerous | Court misapplied dangerousness to avoid guidelines | Improper; must follow guidelines and statute |
| Whether the Anti-Murder Act requires application of the CP Code for VOES violations | Act intended to prevent end-run around guidelines | Act permits non-CP Code sentencing | CP Code applies; remand for guideline-based sentence |
Key Cases Cited
- State v. Pita, 54 So.3d 557 (Fla. 3d DCA 2011) (plea bargain affects sentencing under CP Code; guidelines apply)
- Gracia v. State, 98 So.3d 1243 (Fla. 3d DCA 2012) (special concurrence discussed related sentencing issues)
- Doctor v. State, 677 So.2d 1372 (Fla. 3d DCA 1996) (serious questions about legislative history weight; upholding practice)
- Campbell v. State, 48 So.3d 201 (Fla. 2d DCA 2010) (court discussed dangerousness determinations and guidance for VOES cases)
- State v. Geoghagan, 27 So.3d 111 (Fla. 1st DCA 2009) (dangerousness standard considerations in VOES context)
- Wynkoop v. State, 14 So.3d 1166 (Fla. 4th DCA 2009) (considers application of CP Code in probation violations)
- State v. Kasten, 775 So.2d 992 (Fla. 3d DCA 2000) (case cited in discussing statutory interpretation of VOES)