Summary
The Florida Third District Court of Appeal held that Florida Rule of Criminal Procedure 3.701(d)(10), which states that the statutory maximum sentence "should" be imposed when the guideline sentence exceeds that maximum, is discretionary rather than mandatory. The court nevertheless held that the small quantity of cocaine was not a legally valid reason for a downward departure and reversed the three-year sentence, remanding for imposition of the five-year statutory maximum.
Topics
Practice areas
Questions Presented
- Whether Florida Rule of Criminal Procedure 3.701(d)(10), which states that the statutory maximum sentence should be imposed when the recommended guideline sentence exceeds the statutory maximum, required the court to impose the statutory maximum.
- Whether the small quantity of cocaine possessed was a legally valid reason for a downward departure from the statutory maximum sentence.
Holdings
- Rule 3.701(d)(10) does not make imposition of the statutory maximum mandatory when the recommended guideline sentence exceeds that maximum. The statutory maximum becomes the recommended sentence, but the court retains discretion to depart below it for clear and convincing legally justifiable reasons.
- The small quantity of cocaine involved in the possession offense is not a legally valid reason for a downward departure from the sentencing guidelines or the statutory maximum.
Key quotations
“"Sentences exceeding statutory maximums: If the composite score for a defendant charged with a single offense indicates a guideline sentence that exceeds the maximum sentence provided by statute for that offense, the statutory maximum sentence should be imposed."” (528 So. 2d at 1275)
“Thus, the maximum sentence "should" be imposed unless there are valid reasons not to impose it.” (528 So. 2d at 1276)
“the quantity of drugs involved in a crime may not be utilized as a proper reason to support departure from the sentencing guidelines.” (528 So. 2d at 1276)
Factual background
Thomas was convicted of possessing crack cocaine in violation of section 893.13(1)(e), Florida Statutes (1985). He received a three-year prison sentence, although the statutory maximum for the third-degree felony was five years and the sentencing guidelines recommended twelve to seventeen years based on his substantial record of prior felony convictions. The trial court's stated reason for departing downward from the statutory maximum was the small quantity of cocaine possessed.
Procedural history
Thomas was convicted of possession of crack cocaine and sentenced to three years in prison. The State argued that the sentencing-guidelines rule required imposition of the five-year statutory maximum because the recommended guideline sentence exceeded that maximum, and alternatively argued that the quantity of cocaine was not a valid reason for a downward departure. The appellate court rejected the mandatory-sentence argument but agreed that the stated departure reason was invalid, reversed the sentence, and remanded for imposition of a five-year sentence.
Remand instructions
The cause was remanded for imposition of a five-year sentence.