DONNA HARRIS GRIFFIN, A/K/A DONNA GRIFFIN HARRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the sentence, holding that even if some reasons for departure are invalid, other valid reasons can still support the departure.
[1] Psychological trauma inflicted on a victim is a valid reason for departure from sentencing guidelines.
[2] A single clear and convincing reason is sufficient to uphold a trial court's departure from sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceDefendant pled nolo contendere to armed kidnapping and armed robbery. The trial court departed from the presumptive sentencing guidelines and imposed …
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SCHEB, Judge.
Defendant pled nolo contendere to charges of armed kidnapping and armed robbery. The presumptive sentence under the sentencing guidelines was between nine and twelve years. The trial judge, however, departed from the guidelines and sentenced defendant to concurrent terms of thirty years with credit for time served. On this appeal defendant challenges those sentences, contending the trial court erred in departing from the presumptive sentence.
In departing from the guidelines, the trial judge cited several valid reasons, includ ing the severe psychological and physical impact of the episode on the victim. The record amply supports this reason for departure. In addition, the trial judge mentioned some reasons which appear to be of questionable validity as a basis for departure.
This court has held that psychological trauma inflictéd on a victim is in itself a valid reason for departure. Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984). Furthermore, we have said that even one clear and convincing reason is sufficient to uphold a trial court’s departure from the guidelines. Marshall v. State, 468 So. 2d 255 (Fla. 2d DCA 1985); Williard v. State, 462 So. 2d 102 (Fla. 2d DCA 1985); Webster v. State, 461 So. 2d 965 (Fla. 2d DCA 1984).
Defendant urges us to remand this case to the trial judge for reconsideration because some of the reasons for departure are not valid. We decline this invitation; however, we certify to the supreme court as a question of great public importance the following question which we previously certified in Brinson v. State, 463 So. 2d 564 (Fla. 2d DCA 1985):
WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.701 IN MAKING ITS DECISION TO DEPART FROM THE SENTENCING GUIDELINES, SHOULD THE APPELLATE COURT EXAMINE THE OTHER REASONS GIVEN BY THE SENTENCING COURT TO DETERMINE IF THOSE REASONS JUSTIFY A DEPARTURE FROM THE GUIDELINES OR SHOULD THE CASE BE REMANDED FOR A RESENTENC-ING?
Affirmed.
RYDER, C.J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Griffin v. State, 517 So. 2d 669 (Fla. 1987)…PER CURIAM. In this cause this Court did review Griffin v. State, 470 So. 2d 103 (Fla. 2d DCA 1985), in which the District Court certified a question of great public importance. In our opinion dated December 5, 1985, Griffin v. State, 479 So. 2d 739 (Fla.1985), we answered the certified question, holding that a departure sentenc…
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Jakubowski v. State, 494 So. 2d 277 (Fla. 2d DCA 1986)…rty hours after the infliction of the injury. Pain and suffering are part of the circumstances surrounding the offense and thus constitute a valid reason for depar [*280] ture. Stewart v. State, 489 So. 2d 176 (Fla. 1st DCA 1986); Griffin v. State, 470 So. 2d 103 (Fla. 2d DCA 1985); cf. Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984) (psychological trauma inflicted on victim a sufficient reason for departure). This reason is clearly valid. 3. The legislature has now made child abuse/murder a capítol (sic)…
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Wyman L. Austin v. State, 507 So. 2d 132 (Fla. 1st DCA 1987)…inherent component of armed robbery. Simpson v. State, 505 So. 2d 1378 (Fla. 1st DCA 1987). The Second District Court of Appeal has held that psychological trauma to the victim can be a valid reason to depart in a kidnapping case. Griffin v. State, 470 So. 2d 103 (Fla. 2d DCA) decision quashed on other grounds, 479 So. 2d 739 (Fla.1985); Ochoa v. State, 476 So. 2d 1348 (Fla. 2d DCA 1985). In Tompkins v. State, 483 So. 2d 115 (Fla. 2d DCA 1986), however, the Second District held that, in order to constitute a…
Previewing 3 of 5 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)
- Marshall v. State, 468 So. 2d 255 (Fla. 2d DCA 1985)
- Williard v. State, 462 So. 2d 102 (Fla. 2d DCA 1985)
- 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)
- Brinson v. State, 463 So. 2d 564 (Fla. 2d DCA 1985)
- Herndon W. Jones, Jr. v. Jones, 463 So. 2d 564 (Fla. 1st DCA 1985)