THOMAS HANKEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court did not err in departing from the sentencing guidelines because the articulated reason of severe and long-lasting hardship to the victim constituted a clear and convincing reason for departure, and the sentences imposed were within statutory limits.
Appellant pleaded guilty to burglary of a dwelling and burglary of a structure. The trial court departed from the sentencing guidelines, imposing cons…
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ORFINGER, Judge.
This is an appeal from a sentence wherein the trial court departed from the sentencing guidelines. Fla.R.Crim.P. 3.701.
There was no error in departing from the suggested guideline sentence, because of the articulated reason that the crime imposed a severe and long lasting economic and emotional hardship on the victim. The trial court found that the emotional trauma to the victim was as severe as if inflicted with “fists or sticks or guns or knives,” and we find this to be a clear and convincing reason for departure. Therefore, no abuse of the judge's sentencing discretion has been demonstrated. Higgs v. State, 455 So. 2d 451 (Fla. 5th DCA 1984). See also, Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984).
Appellant contends also that “even if the court’s reasons for departure would legitimately support some guideline departure ... those reasons hardly justify its ‘leap’ of six (6) guideline categories, i.e., from ‘any non-state prison sanction’ to ten (10) years imprisonment without parole.” Appellant entered a negotiated plea in consolidated cases to one count of burglary of a dwelling, a second degree felony under section 810.02(3), Florida Statutes (1983) and one count of burglary of a structure, a third degree felony under the same statute. He was sentenced to consecutive terms of five years on each count.
The sentences are within the limits imposed by statute for the respective crimes, Section 775.082(3)(c) and (d), Florida Statutes (1983), and are therefore proper. Once clear and convincing reasons exist which cause the sentencing court to depart from the guidelines, the court may impose any sentence otherwise authorized by law. Section 921.001(5), Florida Statutes (1983).
AFFIRMED.
FRANK D. UPCHURCH, Jr., J., concurs.
SHARP, J., concurs in result only.
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Cited By (12 total)
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Hankey v. State, 485 So. 2d 827 (Fla. 1986)…ADKINS, Justice. We have for review Hankey v. State, 458 So. 2d 1143 (Fla.5th DCA 1984), which directly and expressly conflicts with decisions of other district courts of appeal and this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Hankey was convicted of one count of burglary of a dwelling and one co…
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Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984)…cretion is imposed by either statute or rule, and we therefore- decline to otherwise review the extent of a permissible departure from the presumptive guideline sentence. Accord, Whitlock v. State, 458 So. 2d 888 (Fla. 5th DCA 1984); Hanky v. State, 458 So. 2d 1143 (Fla. 5th DCA 1984); cf., Swain v. State, 455 So. 2d 533 (Fla. 1st DCA 1984). Although the court did indicate a permissible basis for departing from the presumptive guideline sentence, such reasons were stated orally and no separate written explana…
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Elvin Lee Moore v. State, 468 So. 2d 1081 (Fla. 3d DCA 1985)…) was known to the defendant to be particularly vulnerable, and that the theft of the victim’s social security check upon which she depended for day-to-day living imposed a severe economic and emotional hardship upon the victim, see Hankey v. State, 458 So. 2d 1143 (Fla. 5th DCA 1984), individually and together would more than justify the sentence imposed. Affirmed.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984)
- Higgs v. State, 455 So. 2d 451 (Fla. 5th DCA 1984)