STATE OF FLORIDA, PETITIONER,
v.
ROBERT GENE DAVIS, RESPONDENT
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OVERTON, Justice.
This is a petition to review Davis v. State, 458 So. 2d 42 (Fla. 4th DCA 1984), remanding respondent’s case for resentencing because the trial court used both permissible and impermissible reasons to depart from the sentencing guidelines. The district court certified the following question as a matter of great public importance:
If the scoresheets make provision for prior convictions, can those convictions also constitute clear and convincing reasons for aggravated punishment outside the guidelines?
Id. at 44. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered that question in Hendrix v. State, 475 So. 2d 1218 (Fla.1985), in which we held that, since prior convictions are already factored in as a part of the presumptive guidelines sentence, they may not be used as a clear and convincing reason for departure. See also Deer v. State, 476 So. 2d 163 (Fla.1985); Gregory v. State, 475 So. 2d 1221 (Fla.1985).
Accordingly, we approve the decision of the district court.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.
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State v. Rousseau, 509 So. 2d 281 (Fla. 1987)…27 (Fla.1986), wherein we recognized that, if factually supported, “emotional hardship” on the victim may support departure. Id. at 828. In Hankey we relied on two district court opinions, Davis v. State, 458 So. 2d 42 (Fla. 4th DCA 1984), approved, 477 So. 2d 565 (Fla.1985), and Green v. State, 455 So. 2d 586 (Fla. 2d DCA 1984), both of which illustrate the distinction articulated in Casteel. For example, Davis involved a defendant convicted of, inter alia, robbery. The district court concluded that the tria…
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Reed v. State, 192 So. 3d 641 (Fla. 2d DCA 2016)…ic dangerousness. Predicting whether a defendant would commit future crimes was too speculative. See Keys, 500 So. 2d at 136; Lindsey v. State, 453 So. 2d 485, 486 (Fla. 2d DCA 1984); Davis v. State, 458 So. 2d. 42, 44 (Fla. 4th DCA 1984), approved, 477 So. 2d 565 (Fla.1985). Factors like victim injury and criminal history were also unusable because they were already calculated into a defendant’s sentence. See Hall v. State, 517 So. 2d 692, 694 (Fla.1988); Hendrix v. State, 475 So. 2d 1218, 1220 (Fla.1985); C…
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Newton v. State, 490 So. 2d 179 (Fla. 1st DCA 1986)…s on Newton’s guidelines sentencing scoresheet relate to his prior record. Matters which have already been factored into the scoresheet, such as defendant’s prior criminal record, cannot be relied upon as valid reasons for departure. State v. Davis, 477 So. 2d 565 (Fla.1985); Hendrix v. State, 475 So. 2d 1218, 1220 (Fla.1985). Furthermore, although the “lack of rehabilitation” alone is a clear and convincing reason for departure, when the rehabilitation reason is linked to defendant’s prior convictions it is…
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- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Davis v. State, 458 So. 2d 42 (Fla. 4th DCA 1984)
- Brooks v. State, 476 So. 2d 163 (Fla. 1985)
- Gregory v. State, 475 So. 2d 1221 (Fla. 1985)
- Palm Beach Junior Coll. Bd. OF Trs. v. United Faculty OF Palm Beach Junior Coll., 475 So. 2d 1221 (Fla. 1985)