State v. Forbes

State v. Forbes, 536 So. 2d 356 (Fla. Dist. Ct. App. 1988)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 27, 1988
Docket: No. 87-3028
Judges: Hubbart, Nesbitt and Baskin
Citations: 536 So. 2d 3561988 WL 138537

Cited by 16 3 descriptions by later courts

Opinion

536 So.2d 356 (1988)

The STATE of Florida, Appellant,

Timothy FORBES, Appellee.

No. 87-3028.

District Court of Appeal of Florida, Third District.

December 27, 1988.

*357 Robert A. Butterworth, Atty. Gen., and Ivy R. Ginsberg, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Asst. Public Defender, for appellee.

Before HUBBART, NESBITT and BASKIN, JJ.

PER CURIAM.

This is an appeal by the state from a one-year county stockade sentence for sale and possession of cocaine. The state's sole point on appeal is that the trial court erred in departing downward from the sentencing guidelines range of 2 1/2 to 3 1/2 years imprisonment because the two reasons given by the trial court for such departure were invalid. These two reasons were (1) the defendant's motivation to be rehabilitated, and (2) the small amount of cocaine sold and possessed. We affirm based on the following briefly stated legal analysis.

First, it is clear that the defendant's motivation to be rehabilitated constitutes a valid ground for departing downward from the sentencing guidelines. In the instant case, the record reveals that the defendant is strongly motivated to rehabilitate and overcome his cocaine habit and that his chances for doing so are excellent. Consequently, the trial court did not abuse its discretion in departing from the sentencing guidelines and in sentencing the defendant to one year in the county stockade so that he could participate in a drug rehabilitation program conducted at the stockade. State v. Sachs, 526 So.2d 48 (Fla. 1988); State v. Morales, 522 So.2d 464, 465 (Fla. 4th DCA 1988); State v. Glasper, 506 So.2d 480 (Fla. 4th DCA 1987); State v. Rodriguez, 496 So.2d 240 (Fla. 3d DCA 1986); State v. Twelves, 463 So.2d 493 (Fla. 2d DCA 1985).

Second, we agree that the small amount of cocaine involved in this case was an insufficient reason for departing from the sentencing guidelines. Atwaters v. State, 519 So.2d 611 (Fla. 1988); State v. McCluster, 525 So.2d 434 (Fla. 3d DCA 1988). A departure sentence, however, must be upheld where, as here, "at least one circumstance or factor justifies the departure regardless of the presence of other circumstances or factors found not to justify departure." § 921.001(5), Fla. Stat. (1987). The aforesaid statute abrogates the contrary ruling in Albritton v. State, 476 So.2d 158 (Fla. 1985), as to sentences imposed for offenses committed, as here, after the effective date of the statute: July 1, 1987. This being so, the invalid reason for departure from the sentencing guidelines in this case cannot affect the validity *358 of the said departure, given the valid reason for departure previously discussed.

AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

(finding by trial court that defendant had strong motivation to be rehabilitated and participation in drug rehabilitation program constitute valid reason for departure)

Valrio v. State, 700 So. 2d 668 (Fla. 1997)
(in cocaine sale and possession case, no abuse of discretion in downward departure where defendant showed motivation to be rehabilitated and sentence would allow him to participate in on-site drug rehabilitation program)

Ficklin v. State, 686 So. 2d 708 (Fla. Dist. Ct. App. 1996)

Cited by 16 cases

View all citing references →

Relies on it most ⓘ

State v. Herrin555 So. 2d 1288 (Fla. Dist. Ct. App. 1990)
State v. Alexander584 So. 2d 174 (Fla. Dist. Ct. App. 1991)
State v. Alexander591 So. 2d 1029 (Fla. Dist. Ct. App. 1991)
Herrin v. State568 So. 2d 920 (Fla. 1990)
Pastor v. State536 So. 2d 356 (Fla. Dist. Ct. App. 1988)
State v. Ashley549 So. 2d 226 (Fla. Dist. Ct. App. 1989)

Most recent

Valrio v. State700 So. 2d 668 (Fla. 1997)
Ficklin v. State686 So. 2d 708 (Fla. Dist. Ct. App. 1996)
State v. Porter659 So. 2d 328 (Fla. Dist. Ct. App. 1995)
State v. Traster610 So. 2d 572 (Fla. Dist. Ct. App. 1992)
State v. Alexander591 So. 2d 1029 (Fla. Dist. Ct. App. 1991)
State v. Alexander584 So. 2d 174 (Fla. Dist. Ct. App. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 9

Depth	Case	Cited by
	Albritton v. State, 476 So. 2d 158 (Fla. 1985)	390
	Atwaters v. State, 519 So. 2d 611 (Fla. 1988)	45
	State v. Sachs, 526 So. 2d 48 (Fla. 1988)	40
	State v. Twelves, 463 So. 2d 493 (Fla. Dist. Ct. App. 1985)	22
	Pastor v. State, 536 So. 2d 356 (Fla. Dist. Ct. App. 1988)	9
	State v. Rodriguez, 496 So. 2d 240 (Fla. Dist. Ct. App. 1986)	6
	State v. Morales, 522 So. 2d 464 (Fla. Dist. Ct. App. 1988)	6
	State v. McCluster, 525 So. 2d 434 (Fla. Dist. Ct. App. 1988)	5
	State v. Glasper, 506 So. 2d 480 (Fla. Dist. Ct. App. 1987)	2

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