Shine v. StateAnnotate this Case
The Supreme Court quashed the decision of the Third District on the issue of whether a defendant is entitled to a de novo sentencing proceeding after an appellate court determines that the trial court's initial downward departure sentence was not supported by legally sufficient findings, holding that the proper remedy upon reversal of a sentence due to the invalidity of a downward departure is resentencing de novo.
Defendant pled guilty to four offenses and was placed on probation. The trial court subsequently revoked Defendant's probation and imposed a downward departure from what otherwise would have been the lowest permissible sentence under the Criminal Punishment Code (CPC). The Third District concluded that the departure was invalid and remanded for "resentencing within the sentencing guidelines." The Supreme Court quashed the Third District's decision, holding that on remand for resentencing due to the substantive invalidity of a downward departure, the trial court is permitted to impose a downward departure as long as the departure comports with the principles and criteria of the CPC.