STATE OF FLORIDA, PETITIONER,
v.
PAUL JOSEPH COTE, RESPONDENT
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Emotional and psychological impact on a victim cannot constitute a clear and convincing reason to depart from a sentence in an aggravated assault case because such impact is an inherent component of the crime.
The Fourth District Court of Appeal reviewed a case where the trial court departed from sentencing guidelines based on the emotional and psychological…
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ADKINS, Justice.
We have for review Cote v. State, 468 So. 2d 1019 (Fla. 4th DCA 1985), which expressly and directly conflicts with prior decisions of other district courts of appeal and this Court. We have jurisdiction. Art. Y, § 3(b)(3), Fla. Const. We approve of the district court’s decision insofar as it remands this cause to the trial court with directions to either provide a written statement delineating the reasons for departure or to resentence appellant. State v. Jackson, 478 So. 2d 1054 (1985).
Due to the fact that this cause will be remanded to the trial court, we will discuss that portion of the district court opinion which holds that emotional and psychological impact on the victim may constitute a clear and convincing reason to support a departure sentence in an aggravated assault case. We find that it may not.
A court cannot use an inherent component of the crime in question to justify departure. Baker v. State, 466 So. 2d 1144 (Fla. 3d DCA 1985). Under Florida law, an essential element of the crime of assault and aggravated assault is that the defendant create a “well-founded fear” in the victim. § 784.011(1), 784.021, Fla. Stat. (1984). Hence the causing of fear and resulting creation of psychological trauma is by statutory definition an inherent compo nent of the crime of aggravated assault for which Cote was convicted.
Accordingly, we approve the result reached by the district court.
It is so ordered.
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (41 total)
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State v. Rousseau, 509 So. 2d 281 (Fla. 1987)…nt in the crime of burglary. We have previously rejected the use of “emotional hardship” or “psychological trauma” to the victim as a reason justifying departure when such trauma is an inherent component of the crime. For example, in State v. Cote, 487 So. 2d 1039 (Fla. 1986), the defendant was convicted of aggravated assault. We rejected the use of psychological trauma to the victim as a valid reason for departure in that case because the statutory elements defining aggravated assault, sections 784.011(1) an…
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Ervin Sharp v. State, 497 So. 2d 736 (Fla. 1st DCA 1986)…e the offense to which appellant pled nolo conten-dere was robbery with aggravated battery, the court, in considering whether to depart for that reason should be cognizant of the holdings in Lerma v. State, 497 So. 2d 736, (Fla.1986); State v. Cote, 487 So. 2d 1039 (Fla.1986); and Williamson v. State, 496 So. 2d 886 (Fla. 2d DCA 1986).…
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Huhn v. State, 511 So. 2d 583 (Fla. 4th DCA 1987)…ne of the three stated reasons for departure is a proper one. The state admits that psychological trauma to the victim is not a proper reason where fear by the victim is an element of the offense of which appellant is being convicted, State v. Cote, 487 So. 2d 1039 (Fla.1986), but argues that in this case repeated threats during Fiola’s three day captivity are a proper basis for aggravation of the sentence. An element of the crime of assault and aggravated assault under Florida law is creation by the defendan…
Previewing 3 of 41 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Terence A. Baker v. State, 466 So. 2d 1144 (Fla. 3d DCA 1985)
- Cote v. State, 468 So. 2d 1019 (Fla. 4th DCA 1985)