HAROLD STRICKLAND, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
This case reviews a Florida trial court's decision to depart from sentencing guidelines. The appellate court affirmed the departure sentences, finding sufficient justification in the circumstances of the crime despite the defendant's acquittal on certain charges.
The appellate court found that even if the knife's presence was improperly considered, the remaining reasons for departure, including the duration of the offense, threats of death, and psychological trauma, were sufficient to justify the departure sentence.
[1] A trial court may depart from sentencing guidelines when the evidence demonstrates multiple offenses of the same nature occurring over a period of time.
[2] A trial court may depart from sentencing guidelines based on threats of death made to victims after an attack.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Evidence showed multiple rapes of two victims over a one hour period while threatening them with a large knife to their throats. Child of one victim and her (victim’s) mother were exposed to spectacle of victim running partially nude from house to flee attacker. Defendant threatened death to victims after attack.”
This quote details the factual basis provided by the trial court for departing from sentencing guidelines.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendant was convicted of sexual battery with force, but acquitted of charges involving a deadly weapon. The trial court departed from sentencing…
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WIGGINTON, Judge.
Strickland was charged in four counts of an information with sexual battery with the use or threatened use of a deadly weapon or use of actual force likely to cause serious personal injury. He now appeals from sentences imposed on all four counts, following his conviction by a jury of sexual battery with the use of force not likely to cause serious personal injury. The trial court departed from the recommended sentence of nine to twelve years under the guidelines, imposing instead sentences totaling thirty-four years. On the sentencing guidelines scoresheet, the following written notation appeared as justification for the departure:
Evidence showed multiple rapes of two victims over a one hour period while threatening them with a large knife to their throats. Child of one victim and her (victim’s) mother were exposed to spectacle of victim running partially nude from house to flee attacker. Defendant threatened death to victims after attack.
Strickland argues that the trial court improperly considered the presence of the knife as a reason for departure since the jury acquitted him of that element of the crimes charged, citing to Fletcher v. State, 457 So. 2d 570 (Fla. 5th DCA 1984), and Owen v. State, 441 So. 2d 1111 (Fla. 3d DCA 1983). We need not reach that issue, though, since we hold that the remaining reasons are sufficient for departure. Brooks v. State, 456 So. 2d 1305 (Fla. 1st DCA 1984). The reason predicated on the threat of death concerns the amount of force threatened. Mincey v. State, 460 So. 2d 396 (Fla. 1st DCA 1984). The reason relating to the fact of multiple rapes over a period of one hour is tied to the circumstances surrounding the offense. Garcia v. State, 454 So. 2d 714 (Fla. 1st DCA 1984). Finally, consideration given to the “spectacle” of the victim running from the house partially nude, witnessed by her child and mother, may be justified on the basis of psychological trauma or humiliation suffered by the victim as a result of the offense. Webster v. State, 461 So. 2d 965 (Fla. 2d DCA 1984).
AFFIRMED.
SMITH and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Onelia Garcia and Matthew Lee Wilson v. State, 454 So. 2d 714 (Fla. 1st DCA 1984)
- Mincey v. State, 460 So. 2d 396 (Fla. 1st DCA 1984)
- Brooks v. State, 456 So. 2d 1305 (Fla. 1st DCA 1984)
- Owen v. State, 441 So. 2d 1111 (Fla. 3d DCA 1983)
- Dorion Fletcher v. State, 457 So. 2d 570 (Fla. 5th DCA 1984)
- Keithie's Roofing Co. Inc. v. LEE Parks Apts., Inc., 461 So. 2d 965 (Fla. 3d DCA 1984)
- Benny Lee Webster v. State, 461 So. 2d 965 (Fla. 2d DCA 1984)