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defendanttrialfelonymisdemeanorsentencing guidelines
defendanttrialsentencing guidelines

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Hendrix v. State, 475 So.2d 1218, 10 Fla. L. Weekly 425

Facts

Hendrix pled guilty to grand theft and was sentenced to four years in prison, which was outside the sentencing guidelines. He had a total of twenty-five points under the guidelines, with twelve points attributed to his prior convictions. The trial court justified the departure from the guidelines by citing Hendrix's prior criminal record, which included a third-degree felony and two misdemeanors.

The defendant, TERRY BECKETT HENDRIX, is to be sentenced on grand theft. The defendant had a prior record dating back to 1971 consisting of possession of controlled substances, shoplifting, driving under the influence, and disorderly intoxication.

Issue

Whether the trial court erred in departing from the presumptive sentence under the sentencing guidelines by considering the defendant's prior convictions, which had already been factored into his guidelines score.

Whether the trial court erred in departing from the presumptive sentence under the sentencing guidelines by considering the defendant's prior convictions, which had already been factored into his guidelines score.

Rule

Departures from the sentencing guidelines are permitted only for clear and convincing reasons, and prior convictions that have already been considered in calculating the guidelines score cannot be used again to justify a departure.

Departures from the guidelines are permitted, but judges must explain departures in writing and may depart only for reasons that are “clear and convincing.”

Analysis

The court found that the trial judge's reliance on Hendrix's prior convictions as a reason for departing from the guidelines was improper. Since these convictions had already contributed to the calculation of his guidelines score, using them again would effectively count them twice, contradicting the purpose of the guidelines to ensure uniformity in sentencing.

The guidelines have factored in prior criminal records in order to arrive at a presumptive sentence. Fla.R.Crim.Pro. 3.701(b)(4), (d) 2-5. Hendrix received 12 points for his prior convictions, out of a total of 25 for the offense for which he was convicted. To allow the trial judge to depart from the guidelines based upon a factor which has already been weighed in arriving at a presumptive sentence would in effect be counting the convictions twice which is contrary to the spirit and intent of the guidelines.

Conclusion

The Supreme Court quashed the decision of the District Court and remanded the case for sentencing in accordance with the guidelines.

Accordingly, we quash the decision of the district court and we remand with directions to further remand to the trial court for sentencing in accordance with the guidelines.

Who won?

Hendrix prevailed in the case because the Supreme Court determined that the trial court had erred in its reasoning for departing from the sentencing guidelines.

The judge felt that, under these circumstances, the presumptive sentence of county jail time was too light for this particular incorrigible, and this seems to me to be a clear and convincing reason for departure.

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