5D01-1031, 5D01-1032 5D01-1033 State v. Tyrrell

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1031,

Case Date: 01/21/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

STATE OF FLORIDA, Appellant, v. BRETT W. TYRRELL, RONALD JONES and RANDEL SIMMONS, Appellees. / Opinion filed January 25, 2002 Appeal from the Circuit Court for Orange County, Bob Wattles, Judge. Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellant. Adam B. Reiss of Reiss, Hillman & Reiss, Orlando, for Appellee, Brett W. Tyrrell. John I. Merritt of Merritt & Watson, P. A., Eustis, for Appellee, Randel Simmons. Andrea Black of Andrea Black, P.A., Orlando, for Appellee, Ronald Jones. ORFINGER, R. B., J. The State of Florida appeals the downward departure sentences imposed on Brett W. Tyrrell, Ronald Jones, and Randel Simmons after each of them pled nolo contendere to one Case Nos. 5D01-1031 5D01-1032 5D01-1033

count of racketeering1 and two counts of deriving support through prostitution.2 The trial court determined that downward departure sentences were appropriate because: (1) each Appellee expressed remorse for his crimes; (2) the Appellees substantially assisted law enforcement in effectuating the arrest of co-defendant Stanley Laroe; (3) the need for restitution (or the payment of costs) outweighed the need for imprisonment; and, (4) in Jones's case, his medical condition. The State argues that the departure grounds relied on by the trial court were either legally insufficient or factually unsupported, and therefore, the downward departure sentences are improper. We agree. Tyrrell, Jones, and Simmons operated "Michelle's Personal Entertainment Services," which provided prostitutes, both male and female, to tourists in the Orlando area. After warrants were issued for their arrest, Appellees fled and were subsequently apprehended in St. Louis, Missouri, operating a similar prostitution service. After returning to Florida, each Appellee entered pleas of nolo contendere to one count of racketeering and two counts of deriving support through prostitution, pursuant to plea negotiations with the State, wherein the State agreed to dismiss the remaining fifty counts of the information and recommend a maximum sentence of sixty months incarceration. The lowest permissible sentence for each Appellee under the Criminal Punishment Code3 was a state prison sentence of 38 months.4
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