Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Carlos MANDRI, Petitioner, v. STATE of Florida, Respondent.
We have for review Mandri v. State, 767 So.2d 523 (Fla. 3d DCA 2000), reh'g denied and question certified, 767 So.2d at 524, in which the Third District certified the following question as one of great public importance:
WHERE A TRIAL COURT FAILS TO FILE WRITTEN REASONS IN SUPPORT OF A GUIDELINES DEPARTURE SENTENCE BUT, THEREAFTER, IN RESPONSE TO A FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(B) MOTION FILED BY DEFENDANT, DOES FILE WRITTEN REASONS JUSTIFYING THE DEPARTURE, IS DEFENDANT ENTITLED TO A REVERSAL AND A REMAND FOR A GUIDELINES SENTENCE, UNDER MADDOX V. STATE, 760 So.2d 89 (Fla.2000)?
Mandri, 767 So.2d at 524. We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.
In Weiss v. State, 761 So.2d 318, 319 (Fla.2000), we approved the application of the harmless error doctrine to nonfundamental sentencing error. See also Matchett v. State, 791 So.2d 1087 (Fla.2001). In the case before us, the trial court did not commit fundamental error, as the petitioner was not prejudiced in his ability to challenge the trial court's reasons for imposing the departure sentence on direct appeal. See Maddox v. State, 760 So.2d 89, 108 (Fla.2000). Thus, the trial court's errors in filing the written reasons for departure were subject to harmless error analysis. See Weiss, 761 So.2d at 319. We therefore approve the Third District's decision and answer the certified question in the negative.
It is so ordered.
PER CURIAM.
WELLS, C.J., and SHAW, HARDING, LEWIS, and QUINCE, JJ., concur. ANSTEAD and PARIENTE, JJ., concur in result only.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. SC00-2162.
Decided: February 28, 2002
Court: Supreme Court of Florida.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)