STATE OF FLORIDA, PETITIONER,
v.
EDWARD LEE WILLIAMS, RESPONDENT
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OVERTON, Justice.
This is a petition to review Williams v. State, 462 So. 2d 23 (Fla. 4th DCA 1984), remanding respondent’s case for resentencing because of the trial court’s use of prior convictions as the reason for departure from the sentencing guidelines and certifying 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 24. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the 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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Safford v. State, 488 So. 2d 141 (Fla. 5th DCA 1986)…have rejected deterrence as a clear and convincing reason for departure. Smith v. State, 482 So. 2d 469 (Fla. 5th DCA 1986). See also Allen v. State, 476 So. 2d 309 (Fla. 2d DCA 1985); Williams v. State, 462 So. 2d 23 (Fla. 4th DCA 1984), approved, 477 So. 2d 570 (Fla.1985). But see Patty v. State, 486 So. 2d 16, (Fla. 1st DCA 1986) (deterrence of defendant is a valid reason to depart). THE FOURTH REASON: That the defendant’s crime calls for a more serious punishment than the guidelines would provide is not…
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Smith v. State, 482 So. 2d 469 (Fla. 5th DCA 1986)…re 3.701(b), we reject “deterrence” as a clear and convincing reason justifying departure from the guidelines recommended sentence. See Allen v. State, 476 So. 2d 309 (Fla. 2d DCA 1985); Williams v. State, 462 So. 2d 23 (Fla. 4th DCA 1984) approved, 477 So. 2d 570 (Fla.1985); Alford v. State, 460 So. 2d 1000 (Fla. 1st DCA 1984). We also find the court’s reason numbered 7 invalid because it undermines the guidelines purpose of establishing some uniformity in sentencing throughout the state. Albritton v. State,…
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Irving v. State, 484 So. 2d 78 (Fla. 2d DCA 1986)…v. State, 477 So. 2d 663 (Fla. 5th DCA 1985). As to the first of those reasons, defendant’s prior record cannot be a proper basis for departure, to the extent that prior convictions had already been scored on the scoresheet. See State v. Williams, 477 So. 2d 570 (Fla.1985). It is true, as the state argues, that defendant’s prior record included several previous convictions which had not been scored because they were juvenile offenses more than three years old and therefore provided a proper reason for depar…
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- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- 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)
- E.M.V.-L. v. M.M.C., 462 So. 2d 23 (Fla. 4th DCA 1984)