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Navedo v. State

District Court of Appeal of Florida, Third District
Jun 18, 2003
847 So. 2d 585 (Fla. Dist. Ct. App. 2003)

Summary

holding the defendant's voluntary appearance in court to begin serving his sentence less than six hours late was a “de minimis” deviation of several hours and, therefore, the trial court abused its discretion in failing to mitigate the defendant's sentence as promised, provided he timely surrender following a brief furlough

Summary of this case from Smith v. State

Opinion

Case No. 3D003-337.

Opinion filed June 18, 2003.

An Appeal from the Circuit Court for Miami-Dade County, Lawrence A. Schwartz, Judge. Lower Tribunal Nos. 02-25186, 02-25187.

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Meredith L. Balo, Assistant Attorney General, for appellee.

Before COPE, SHEVIN and WELLS, JJ.


Juan Navedo appeals his sentence. We vacate the sentence.

The court ordered defendant to serve five years in prison and awarded defendant a brief furlough. The court agreed to mitigate defendant's sentence to 364 days and completion of the TASC program upon defendant's timely surrender to begin serving his sentence. Unfortunately, defendant failed to surrender at 9:00 a.m. as agreed. Defendant, having overslept, voluntarily appeared in court at 2:50 p.m., less than six hours late on the proper date.

The court abused its discretion in failing to mitigate defendant's sentence. As in Amaya v. State, 653 So.2d 1112 (Fla. 3d DCA 1995), we hold that the deviation of several hours from the agreement amounts to a de minimis violation that did not warrant the additional punishment. See Eulo v. State, 786 So.2d 43 (Fla. 4th DCA 2001).

Accordingly, we vacate defendant's sentence and remand with directions for the trial court to re-sentence defendant forthwith to the bargained-for sentence of 364 days in county jail, completion of the TASC program, and early termination upon successful completion of the program. This opinion is effective immediately and will not be delayed by the filing of a motion for rehearing or other post-decision motion.

Sentence vacated, and cause remanded with directions.

WELLS,J., concurs.


If we were writing on a clean slate, I would affirm the trial court ruling. In Amaya v. State, 653 So.2d 1112 (Fla. 3d DCA 1995), however, this court held that a voluntary surrender at 3:30 p.m. (when the defendant was supposed to have surrendered at 9:00 a.m.) was a de minimis deviation, and that the defendant was entitled to have his sentence mitigated in accordance with the plea bargain. Id. at 1113. Since we are bound by Amaya, we are obligated to provide the same relief in this case.

It was suggested at oral argument that since the failure to surrender at 9:00 a.m. was disobedience of the court's order, it follows that the trial court in the event of a late surrender may hold the defendant in contempt and impose an additional sanction. In the present case, that would appear to be a fair resolution of the problem.


Summaries of

Navedo v. State

District Court of Appeal of Florida, Third District
Jun 18, 2003
847 So. 2d 585 (Fla. Dist. Ct. App. 2003)

holding the defendant's voluntary appearance in court to begin serving his sentence less than six hours late was a “de minimis” deviation of several hours and, therefore, the trial court abused its discretion in failing to mitigate the defendant's sentence as promised, provided he timely surrender following a brief furlough

Summary of this case from Smith v. State

finding violation de minimis where the defendant overslept and appeared six hours late

Summary of this case from Searcy v. State
Case details for

Navedo v. State

Case Details

Full title:JUAN NAVEDO, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 18, 2003

Citations

847 So. 2d 585 (Fla. Dist. Ct. App. 2003)

Citing Cases

Smith v. State

Indeed, analogous caselaw supports the view that the fact of appellant's reporting to jail twenty minutes…

Searcy v. State

This Court and others have reversed sentences imposed in lieu of mitigated sentences only where the…