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509 So. 2d 380

509 So.2d 380

12 Fla.L.Weekly 1629

State v. Chesney

District Court of Appeal of Florida · decided 1987-07-01

Relies on In re Rules of Criminal Procedure

Good law ✅— No negative treatment on recordhow we know

Decided 1987-07-01

How this case has been cited

Cited by 4 later decisions — most recently April 2017

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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CAMPBELL, Judge.

¶1Appellant, State of Florida, appeals from appellee, Michael Chesney’s, sentence. The state argues that the court improperly departed downward from the guidelines recommendation. Appellant entered negotiated guilty pleas to charges of attempted sexual battery, burglary and battery on a law enforcement officer. The sentencing guidelines presumptive range was nine to twelve years, but the court imposed a sentence of five years on each of three cases, to run concurrent Appellant had a record of burglary and grand theft as a juvenile.

¶2The court stated that it had no reason for departing from the guidelines, but subsequently offered three reasons, none of which are clear and convincing. First, the judge’s own belief that a reduced sentence is more appropriate is an impermissible reason for departure. Williams v. State, 492 So.2d 1808, 1309 (Fla.1986). Second, judicial economy is an impermissible reason for departure. See In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So.2d 848, 849 (Fla.1983). Third, there is no record proof that appellee had mental problems. Defense counsel’s assertions are not sufficient.

¶3We, therefore, vacate appellee’s sentence and remand for resentencing within the guidelines range.

SCHEB, A.C.J., and LEHAN, J., concur.
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