Scott v. State, 482 So. 2d 607 (Fla. 5th DCA 1986). · Go Syfert
Search
Scott v. State, 482 So. 2d 607 (Fla. 5th DCA 1986). Cases Citing This Book View Copy Cite
5 citation events across 1 distinct court.
Strongest positive: Poore v. State (fladistctapp, 1987-02-05)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Poore v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See note 6 herein. [1] This was a three-cell departure upward from the presumptive sentence. [2] Fla.R.Cr.P. 3.701. [3] See Scott v. State, 482 So.2d 607 (Fla. 5th DCA 1986), Clark v. State, 481 So.2d 994 (Fla. 5th DCA 1986), Boldes v. State, 475 So.2d 1356 (Fla. 5th DCA 1985), Gale v. State, 483 So.2d 53 (Fla. 1st DCA), review denied, 492 So.2d 1332 (Fla. 1986). [4] §§ 948.03, 948.01(3), Fla. Stat. (1983). [5] § 948.01(8), Fla. Stat. (1983). [6] The court in Crosby reversed the sentence on other grounds: (1) the written sentence did not conform to the oral pronouncements of the trial court…
Retrieving the full opinion text from the archive…
Drayton Eugene SCOTT, Appellant,
v.
STATE of Florida, Appellee.
85-401.
District Court of Appeal of Florida, Fifth District.
Feb 13, 1986.
482 So. 2d 607
Orfinger.
Cited by 4 opinions  |  Published

[*608] James B. Gibson, Public Defender, and David B. Russell, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

In departing from the recommended guidelines sentence of any non-state prison sanction and sentencing defendant to a term of three years in prison for the crime of attempted sale or delivery of a controlled substance, the trial court articulated the following reasons:

The Defendant, DRAYTON EUGENE SCOTT, JR., pleaded guilty to the offense of attempted sale or delivery of a controlled substance, cocaine. The Defendant has a prior criminal record of armed robbery and grand theft for which he was sentenced to the Department of Corrections. His record indicates that he cannot live within the framework of a free society without violating its laws.
It is inconceivable that a non-state prison sanction would be sufficient punishment in this instance; therefore, this Court finds and determines that it is necessary to go outside the guidelines and impose a sentence accordingly.

These reasons, all of which are based on defendant's prior record, and are thus already factored into the guidelines scoresheet, are insufficient reasons for departure. Hendrix v. State, 475 So.2d 1218 (Fla. 1985). The sentence is therefore vacated and the cause is remanded to the trial court for resentencing in accordance with the guidelines, absent clear and convincing reasons for departure.

SENTENCE VACATED and REMANDED.

DAUKSCH and COWART, JJ., concur.