Should the State Draft Trial Court's Sentencing Order ?
In Patterson v. State, 513 So. 2d 1257 (Fla. 1987), the court held the State should not draft the trial court's sentencing order.
This statement was based on the fact that a sentencing order is a statutorily required personal evaluation by the trial judge of aggravating and mitigating factors.
The evaluation done in the sentencing order is the basis for a sentence of life or death.
The sentencing order must be sufficiently detailed to allow this Court to perform its proportionality review, the review which may ultimately determine whether a person lives or dies.
On the other hand, a motion for postconviction relief is brought after the judgment and sentence have been affirmed and are presumed correct.
The order on postconviction is not a sentencing order; it is a recitation of the facts, law, and reasons for the granting or denial of requested relief.