Sure as the tickin' of the clock on the wall
Sure as the turnin' of the night into day...
offender or prison releasee designations or oral or written reasons for the sentence
which constituted a downward departure from the guidelines. We agree and
reverse. ....Proof of the release date, evidence of which the trial court did not give the State an opportunity to present, is an essential element for sentencing pursuant to the prison releasee re-offender act. State v. Garcia, 923 So. 2d 1186 (Fla. 3d DCA 2006) (holding that trial court is required to afford State sufficient opportunity to present evidence on defendant’s qualification as prison release reoffender)
For all you prosecutors who read the blog and send me endless emails complaining that I never call out a judge who makes mistakes and prejudices the prosecution, here's proof you're wrong. What kind of judge holds a sentencing hearing and doesn't give the prosecution a chance to prove the elements of an enhanced sentence?
What kind of judge does not provide written reasons for a downward departure?
What kind of judge ostensibly sentences a defendant to habitual offender and prison releasee re-offender sanctions but then doesn't provide those sentencing designations in the commitment papers?
Well so far the Florida Supreme Court doesn't really want us to answer that question while holding a license to practice law, so suffice it to say that it currently is a judge with two- and -counting - opponents in the upcoming election, which can't get here soon enough.