DEBBIE ANN TODD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (23 total)

• State v. Mischler, 488 So. 2d 523 (Fla. 1986)
  …r and convincing.” Accord Garcia v. State, 454 So. 2d 714 (Fla. 1st DCA 1984); Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984). A reason which is prohibited by the guidelines themselves can never be used to justify departure. Santiago v. State, 478 So. 2d 47 (Fla.1985). Factors already taken into account in calculating the guidelines score can never support departure. Hendrix v. State, 475 So. 2d 1218 (Fla.1985). A court cannot use an inherent component of the crime in question to justify departure. Ste…
• Scurry v. State, 489 So. 2d 25 (Fla. 1986)
  …l judge’s disagreement with the Sentencing Guidelines Commission and is not a sufficient reason for departure. Reason eleven, deterrence of others in the particular “portion of Monticello” where the crime occurred is invalid. See Santiago v. State, 478 So. 2d 47 (Fla.1985). Reason twelve, that the Parole and Probation officer who prepared the PSI recommended sentencing outside the guidelines, is no reason at all. It is to be presumed that if his recommendations were based on specific reasons those reasons…
• Williams v. State, 492 So. 2d 1308 (Fla. 1986)
  …interpreting specific offense- and offender-related criteria and in defining their relative importance in the sentencing decision.” In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848, 849 (Fla.1983). Accord Santiago v. State, 478 So. 2d 47, 48 (Fla.1985); Hendrix, 475 So. 2d at 1219-20. A trial judge may not substitute his own opinion for that of the Sentencing Guidelines Commission simply because he does not agree with the presumptive sentence. Cf. Allen v. State, 476 So. 2d 309, 310…

Authorities Cited

• State v. Bussey, 463 So. 2d 1141 (Fla. 1985)
• Crawley v. State, 455 So. 2d 1154 (Fla. 5th DCA 1984)