Annotations, Discussions, Cases:
Cases Citing Statute 921.00265
Total Results: 53
760 So. 2d 89
Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324543
Cited 171 times | Published
...97-194, Laws of Florida (creating the Florida Criminal Punishment Code, codified at sections 921.002-921.0026, Florida Statutes (1997)); see also § 921.0027, Fla. Stat. (1999). Under this statute, the trial judge must calculate the "lowest permissible sentence." See § 921.00265, Fla....
901 So. 2d 942, 2005 WL 991571
District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 1666328
Cited 37 times | Published
...Section 921.0026(1), Florida Statutes (2003), provides that a sentence less severe than the lowest permissible sentence shown on the Criminal Punishment Code scoresheet "is prohibited unless there are circumstances or factors that reasonably *945 justify the downward departure." See also § 921.00265(1)....
...section 921.002(3), "[t]he level of proof necessary to establish facts supporting the mitigation of a sentence is a preponderance of the evidence" and any downward departure sentence "must be explained in writing by the trial court judge." See also § 921.00265(2)....
813 So. 2d 22, 2002 WL 87377
Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1438737
Cited 16 times | Published
...e. See ch. 97-194, Laws of Fla. The Code applies to all felonies, except capital felonies, committed on or after October 1, 1998. See § 921.0027, Fla. Stat. (1997). The crime in this case occurred February 21, 1999; thus, the Code provisions apply. Section 921.00265(1), Florida Statutes (Supp.1998), provides that the lowest permissible sentence is presumed to be the lowest possible sentence required by the *28 sentencing points....
826 So. 2d 509, 2002 WL 31114965
District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1197851
Cited 15 times | Published
...e forty eight months imprisonment followed by thirty six months probation. As this sentence is less than the lowest permissible sentence set forth in the Criminal Punishment Code's Sentencing Guidelines, [1] the sentence is a downward departure. See § 921.00265(2), Fla....
...ideline sentence. WARNER, J., concurs. GROSS, J., concurs in result only. NOTES [1] The defendant's sentencing scoresheet reflects a guideline sentence of 106.2 months to 180 months. [2] The trial court failed to make written findings as required by section 921.00265(2), Florida Statutes (2001)....
925 So. 2d 1052, 2006 WL 504938
District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 471798
Cited 15 times | Published
...d by the legislature. § 921.002(1), Fla. Stat. (2003); State v. Ayers, 901 So.2d 942, 946 (Fla. 2d DCA 2005). Ordinarily, the lowest permissible guideline sentence is "assumed to be the lowest appropriate sentence for the offender being sentenced." § 921.00265(1); Mann, 866 So.2d at 181....
866 So. 2d 179, 2004 WL 314448
District Court of Appeal of Florida | Filed: Feb 20, 2004 | Docket: 1273937
Cited 15 times | Published
...e imposition of sentences in criminal cases involving felony offenses. Under this statutory scheme, the trial court must at least impose the minimum sentence required under the guidelines unless a valid basis for a departure sentence is established. § 921.00265(1), Fla....
990 So. 2d 665, 2008 WL 4179453
District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1687618
Cited 12 times | Published
...t and to place him on probation. A trial court, at a minimum, must impose the lowest permissible sentence calculated according to the Criminal Punishment Code unless the court finds that the evidence supports a valid reason for a downward departure. § 921.00265(1), Fla....
844 So. 2d 814, 2003 WL 21105368
District Court of Appeal of Florida | Filed: May 16, 2003 | Docket: 1197154
Cited 8 times | Published
...lated incident, committed in an unsophisticated manner, and for which the defendant had shown remorse. Id. Any departure based on these grounds must be supported by written reasons or orally pronounced findings of fact on each of the three elements. § 921.00265(2), Fla....
27 So. 3d 111, 2009 Fla. App. LEXIS 20512, 2009 WL 5151520
District Court of Appeal of Florida | Filed: Dec 31, 2009 | Docket: 1665193
Cited 6 times | Published
...[Appellee] has shown remorse for his neglect which led to the commission of the offense. A trial court may not impose a sentence that departs from the statutory guidelines "unless there are mitigating circumstances or factors present as provided in s. 921.0026." § 921.00265(1), Fla....
981 So. 2d 511, 2008 WL 900466
District Court of Appeal of Florida | Filed: Apr 4, 2008 | Docket: 1515706
Cited 6 times | Published
...If the defendant's evidence establishes a valid basis for a downward departure sentence and the trial court decides to impose such a sentence, the trial court must file written reasons supporting the downward departure within seven days after the date of sentencing. § 921.00265(2); see also Carlson, 911 So.2d at 236; State v....
...Ayers, 901 So.2d, 942, 945 (Fla. 2d DCA 2005). If the trial court fails to file written reasons, a downward departure sentence may nevertheless be affirmed if the trial court has made oral findings supporting the departure sentence on the record at the sentencing hearing. § 921.00265(2); see also Pease v....
911 So. 2d 234, 2005 WL 2372726
District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1751863
Cited 5 times | Published
...the Code unless the defendant establishes a valid basis for departure. If the defendant establishes such a basis, the trial court must file written reasons that support the downward departure sentence within seven days after the date of sentencing. § 921.00265(2); see also State v....
...Ayers, 901 So.2d 942, 945 (Fla. 2d DCA 2005). If the trial court fails to file written reasons, a downward departure sentence may nevertheless be affirmed if the trial court has made oral findings supporting the departure sentence on the record at the sentencing hearing. § 921.00265(2); Pease v....
869 So. 2d 754, 2004 WL 741423
District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1653995
Cited 5 times | Published
...State, 787 So.2d 57 (Fla. 2d DCA 2001); Hernandez v. State, 776 So.2d 356 (Fla. 3d DCA 2001). In the present case the trial court awarded Mr. Marshall a downward departure sentence after the violation of probation without giving valid reasons for doing so. See § 921.00265(2), Fla....
174 So. 3d 1092, 2015 WL 5438665
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 60294089
Cited 4 times | Published
So.3d 1018, 1019 (Fla. 5th DCA 2012) (citing § 921.00265(1), Fla. Stat. (2010)). “To determine whether
922 So. 2d 378, 2006 WL 503290
District Court of Appeal of Florida | Filed: Mar 3, 2006 | Docket: 1290757
Cited 4 times | Published
...Under the Criminal Punishment Code, trial courts are authorized to sentence convicted defendants to the maximum statutory term. § 921.002(1)(g), Fla. Stat. (2003). The minimum calculation limits a trial court's authority to depart below the lowest permissible sentence. § 921.00265, Fla....
976 So. 2d 1193, 2008 WL 782882
District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1680099
Cited 3 times | Published
...If the defendant's evidence establishes a valid basis for a downward departure sentence and the trial court imposes such a sentence, the trial court must file written reasons supporting the downward departure within seven days after the date of sentencing. § 921.00265(2); State v....
...2d DCA 2005). If the trial court does not file written reasons, a downward departure sentence may nevertheless be affirmed if the record reflects that the trial court made oral findings on the record at the sentencing hearing which support the sentence. § 921.00265(2); see also Pease v....
27 So. 3d 725, 2010 Fla. App. LEXIS 910, 2010 WL 363888
District Court of Appeal of Florida | Filed: Feb 3, 2010 | Docket: 1664744
Cited 2 times | Published
...However, the trial court made no oral or written findings that it considered youthful offender sanctions as a basis for a downward departure, as is required by statute. See § 921.002(3), Fla. Stat. (2009) ("Any sentence imposed below the lowest permissible sentence must be explained in writing ...."); accord § 921.00265(2), Fla....
148 So. 3d 1251, 39 Fla. L. Weekly Supp. 591, 2014 Fla. LEXIS 2970, 2014 WL 5026405
Supreme Court of Florida | Filed: Oct 9, 2014 | Docket: 1437947
Cited 1 times | Published
...onment. Over the State’s objections, the trial
court imposed a downward departure sentence, orally stating specific reasons to
support it. Id. The trial court, however, did not file written reasons as required by
statute and rule. Id.; see also § 921.00265(2), Fla....
151 So. 3d 531, 2014 Fla. App. LEXIS 18400, 2014 WL 5836122
District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2595526
Cited 1 times | Published
...These points are added
together and, after additional calculations not relevant here, the resulting score
(represented in months) establishes a defendant’s “lowest permissible sentence”
which “is assumed to be the lowest appropriate sentence for the offender being
sentenced.” § 921.00265(1), Fla....
...d
the statute and the rule each requires a court imposing a downward departure to
file, within seven days of the sentencing, either a written order or a copy of the
hearing transcript, setting forth the basis for the downward departure. See §
921.00265(2); Fla....
...must be served before the
party’s first brief is served”) (emphasis added). Because the motion to correct
sentencing error was served untimely, the order rendered thereafter was untimely,
and cannot be deemed valid under rule 3.704, rule 3.800(b)(2) or section
921.00265(2).5 See Miran v....
840 So. 2d 319, 2003 WL 327514
District Court of Appeal of Florida | Filed: Feb 14, 2003 | Docket: 1748398
Cited 1 times | Published
...Abrams, 706 So.2d 903 (Fla. 2d DCA 1998); State v. Johnson, 696 So.2d 1328 (Fla. 3d DCA 1997). Under the current Criminal Punishment Code, [1] which applies to this case, the sentencing judge must supply reasons for departing downward in all cases. See § 921.00265(1) and (2), Fla....
970 So. 2d 922, 2007 WL 4561580
District Court of Appeal of Florida | Filed: Dec 31, 2007 | Docket: 2587753
Cited 1 times | Published
...departure sentence, the sentence is REVERSED and the case is REMANDED to the trial court for resentencing. If the trial court wishes to depart downward from the lowest permissible sentence indicated on the Criminal Punishment Code scoresheet, under section 921.00265(2), Florida Statutes, it must announce on the record a valid reason for so doing....
879 So. 2d 99, 2004 WL 1749529
District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 1514419
Cited 1 times | Published
...A downward departure sentencei.e., a sentence less severe than the lowest permissible sentence shown on the Criminal Punishment Code scoresheet"is prohibited unless there are circumstances or factors that reasonably justify the downward departure." § 921.0026(1), Fla. Stat. (2001); see also § 921.00265(1)....
161 So. 3d 1287, 2015 Fla. App. LEXIS 5114
District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679407
Cited 1 times | Published
...competent substantial evidence supports its ruling.” Banks v. State, 732
So. 2d 1065, 1067 (Fla. 1999). A downward departure sentence is
prohibited unless there are mitigating circumstances or factors present
which reasonably justify a departure. § 921.00265(1), Fla....
269 So. 3d 629
District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712522
Cited 1 times | Published
sentence for the offender being sentenced," § 921.00265(1), and it "is the minimum sentence that may
174 So. 3d 1092, 2015 Fla. App. LEXIS 13811
District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808052
Published
...lowest permissible sentence on a criminal defendant calculated according
to the Criminal Punishment Code, unless the court finds that the evidence
supports a valid reason for a downward departure.” State v. Owens, 95
So. 3d 1018, 1019 (Fla. 5th DCA 2012) (citing § 921.00265(1), Fla....
990 So. 2d 1265, 2008 WL 4413378
District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1687493
Published
...and substitutes the following in its stead. The State of Florida appeals the imposition of a downward departure sentence on the ground the trial court failed to provide written reasons or a written transcript of orally stated reasons, as required by section 921.00265, Florida Statutes (2006)....
...The trial court then accepted a guilty plea from the defendant and sentenced *1266 him to five years as a habitual offender. No written or valid oral recitation of reasons was given for the departure. The defendant argues that the State's action releases the trial court from the strictures of section 921.00265, invoking State v....
149 So. 3d 1199
District Court of Appeal of Florida | Filed: Nov 5, 2014 | Docket: 2593278
Published
...Under the CPC, the lowest permissible sentence calculated in the offender’s
scoresheet is “the minimum sentence that may be imposed by the trial court, absent
a valid reason for departure.” § 921.0024(2), Fla. Stat. (2011); see also §
921.00265(1), Fla....
25 So. 3d 38, 2009 Fla. App. LEXIS 17543, 2009 WL 4030819
District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1661345
Published
...The trial court found appellee guilty and imposed a downward departure sentence, finding his "perception of danger was real and reasonable." A trial court may not impose a sentence that departs from the statutory guidelines "unless there are mitigating circumstances or factors present as provided in s. 921.0026." § 921.00265, Fla....
District Court of Appeal of Florida | Filed: Nov 12, 2014 | Docket: 2606371
Published
...These points are added
together and, after additional calculations not relevant here, the resulting score
(represented in months) establishes a defendant’s “lowest permissible sentence”
which “is assumed to be the lowest appropriate sentence for the offender being
sentenced.” § 921.00265(1), Fla....
...d
the statute and the rule each requires a court imposing a downward departure to
file, within seven days of the sentencing, either a written order or a copy of the
hearing transcript, setting forth the basis for the downward departure. See §
921.00265(2); Fla....
...must be served before the
party’s first brief is served”) (emphasis added). Because the motion to correct
sentencing error was served untimely, the order rendered thereafter was untimely,
and cannot be deemed valid under rule 3.704, rule 3.800(b)(2) or section
921.00265(2).5 See Miran v....
District Court of Appeal of Florida | Filed: Mar 20, 2025 | Docket: 69760560
Published
than the lowest one ordinarily allowed. See § 921.00265(1), Fla. Stat. (providing for a “lowest permissible
728 So. 2d 748, 1998 WL 621355
District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 53300
Published
...[11] Effective for crimes committed on or after October 1, 1998, there will no longer be a requirement for upward departure reasons, see §§ 921.002(1)(g), .0027, Fla. Stat. (1997), but the seven-day rule will continue to exist for downward departure sentences. See ch. 98-204, § 9, Laws of Fla. (to be codified at § 921.00265, Fla....
District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70454073
Published
sentence as calculated by his CPC scoresheet. § 921.00265(1), Fla. Stat. (2021) (“The lowest permissible
274 So. 3d 1240
District Court of Appeal of Florida | Filed: Jun 28, 2019 | Docket: 15855444
Published
supporting the downward departure as required by section 921.00265(2), Florida Statutes (2017), we are constrained
199 So. 3d 304, 2016 Fla. App. LEXIS 10686
District Court of Appeal of Florida | Filed: Jul 13, 2016 | Docket: 4110332
Published
sentence for the offender being sentenced.” § 921.00265, Fla. Stat. (2010). “A departure sentence is
District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674145
Published
probation. The trial court sentenced him under section 921.00265, Florida Statutes—his sentencing range being
787 So. 2d 141, 2001 WL 427580
District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 1744974
Published
...E UNDER THE CODE EXCEEDS THE STATUTORY MAXIMUM?" As of the date of this opinion, the supreme court had not answered the certified question in the negative; therefore, we have relied upon the pronouncements in Maddox in reaching our decision. [4] See § 921.00265, Fla....
269 So. 3d 629
District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 64712523
Published
sentence for the offender being sentenced," § 921.00265(1), and it "is the minimum sentence that may
District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988954
Published
sentence for the offender being sentenced," § 921.00265(1), and it "is the minimum sentence that
9 So. 3d 1257, 2009 Fla. App. LEXIS 3442, 2009 WL 1067390
District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1667855
Published
...State, 925 So.2d 1076 (Fla. 4th DCA 2006). [2] The negotiated plea called for a sanction below the 64.05 months in prison which was the minimum permissible sentence under the CPC scoresheet. A basis for a downward departure does not appear to have been given. See § 921.00265(1), Fla....
