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Docket Number

No. 88-02100.

Attorney(S)

James Marion Moorman, Public Defender, Bartow and Andrea Steffan, Asst. Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee and Michele Taylor, Asst. Atty. Gen., Tampa, for appellee.

Judges

RYDER, Acting Chief Judge.

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Smart Summary

Case Summary: RICO LAURENT v. STATE OF FLORIDA, No. 88-02100 (Fla. 2d DCA May 12, 1989)

Factual and Procedural Background

The appellant, Rico Laurent, appealed from a Polk County Circuit Court judgment and sentence (Judge J. Dale Durrance). The trial court imposed a sentence departing from the recommended sentencing guidelines and stated two reasons for the departure: (1) the quantity of cocaine involved, and (2) that the defendant is a drug dealer. The appellant raised two points on appeal; the court found one of those points meritorious.

Legal Issues Presented

Whether the trial court's reasons for departing from the recommended sentencing guidelines — the quantity of cocaine involved — constitute a valid basis for departure.
Whether the trial court's reason for departure — that the defendant is a drug dealer — constitutes a valid basis for departure.

Arguments of the Parties

Appellant's Arguments

Appellant asserted that both reasons relied on by the trial court (quantity of cocaine and status as a drug dealer) are inherent components of a conviction for attempted trafficking in cocaine and therefore cannot serve as valid bases for downward or upward departure from the sentencing guidelines.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Atwaters v. State, 519 So.2d 611 (Fla. 1988)	Supports the principle that reasons inherent in the offense cannot serve as valid bases for departure from sentencing guidelines.	The court cited Atwaters to conclude that the trial court's stated reasons were invalid bases for departure.
Alexander v. State, 513 So.2d 1117 (Fla. 2d DCA 1987)	Supports the principle that reasons inherent to the offense (such as quantity and the actor's role) are not valid grounds for departure.	The court cited Alexander alongside Atwaters to support its determination that the departure was improper and required resentencing within the guidelines.

Court's Reasoning and Analysis

The court identified the two explicit reasons given by the trial court for departing from the recommended guidelines sentence: (1) the quantity of cocaine involved, and (2) the fact that the defendant is a drug dealer. The court accepted the appellant's contention that both reasons are inherent components of the offense of attempted trafficking in cocaine. Relying on controlling authority (Atwaters and Alexander), the court held that reasons intrinsic to the elements or nature of the offense cannot serve as valid bases for departure from the sentencing guidelines. Applying that legal principle to the facts, the court determined the trial court's departure was improper. The court therefore affirmed the conviction but reversed the sentence and remanded for resentencing within the recommended guidelines range.

Holding and Implications

Affirmed in part, reversed in part, and remanded for resentencing within the recommended guidelines range.

Direct effects: The conviction is affirmed; the sentence imposed by the trial court is set aside because the stated grounds for departure were invalid, and the case is remanded for resentencing within the recommended sentencing guidelines.

No broader implications or a statement of establishing new precedent are discussed in the opinion; the court relied on existing precedents to resolve the sentencing issue.

Opinion authored by RYDER, Acting Chief Judge. DANAHY and FRANK, JJ., concur.

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RICO LAURENT, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

RYDER, Acting Chief Judge.

Appellant raises two points, one of which has merit. The trial court stated two reasons for departing from the recommended guidelines sentence: the quantity of cocaine involved and the fact that defendant is a drug dealer. Appellant correctly asserts that both of those reasons are inherent components of a conviction for attempted trafficking in cocaine and are, therefore, invalid bases for departure. See Atwaters v. State, 519 So.2d 611 (Fla. 1988); Alexander v. State, 513 So.2d 1117 (Fla. 2d DCA 1987). Accordingly, although we affirm the conviction, we reverse and set aside the sentence imposed herein and remand for resentencing within the recommended guidelines range.

Affirmed in part, reversed in part and remanded for resentencing.

DANAHY and FRANK, JJ., concur.

LAURENT v. STATE