JOHNNY L. HADLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial judge's reasons for departing from the sentencing guidelines were valid, thus affirming the imposed sentence.
[1] A trial court may depart from sentencing guidelines based on the age and vulnerability of the victim.
[2] A trial court may depart from sentencing guidelines based on the intentional creation of terror and psychological trauma suffered by the victim.
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Join FLexlaw to unlock all legal intelligenceThe appellant was convicted of aggravated battery and trespass after violently assaulting an elderly victim. The trial judge departed from the sentenc…
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MILLS, Judge.
Hadley appeals from a sentence imposed pursuant to the sentencing guidelines following his conviction for aggravated battery and trespass on property. We affirm.
Hadley was positively identified by his elderly victim as the person who violently assaulted her in the yard of her home, resulting in injury requiring surgery. The physical attack was accompanied by verbal abuse calculated to place the woman in fear of her life. He was sentenced pursuant to the guidelines, which reflected a recommended sentence range of three and one-half to four and one-half years incarceration.
The trial judge departed from the guidelines to impose 15 years incarceration. He listed six reasons as justification therefor: 1) invasion of the privacy of the victim’s property; 2) intentional creation of terror by his actions and threats during the extended attack; 3) the age and vulnerability of the victim (she is 60 years old and lives alone); 4) the fact that Hadley “laid in wait” to make the attack; 5) that he informed the victim during the attack that he had placed a contract out on her life; and 6) the psychological trauma suffered by the victim.
Hadley concedes the propriety of reasons two and six. The age and vulnerability of the victim are acceptable reasons for departure, Von Carter v. State, 468 So. 2d 276 (Fla. 1st DCA 1985), as are reasons four and five as circumstances of the crimes. See Manning v. State, 452 So. 2d 136 (Fla. 1st DCA 1984).
With regard to reason one, we recognize that the phrasing is somewhat ambiguous, so that it might seem that the court was improperly relying on an element of the crime charged (trespass), which under current authority would seem to require reversal of the sentence regardless of the propriety of the remaining reasons. See State v. Mischler, 488 So. 2d 523 (Fla.1986); but see Albritton v. State, 476 So. 2d 158 (Fla.1985). However, it is our belief that the trial court intended to rely on the invasion of the victim’s privacy, not her property. Therefore, reason one is valid as a circumstance of the crime.
Affirmed.
SMITH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Wemett v. State, 567 So. 2d 882 (Fla. 1990)…more vulnerable than a person who may be younger and/or stronger”); Grant v. State, 510 So. 2d 313 (Fla. 4th DCA 1987) (age and vulnerability, in light of psychological trauma and breach of trust by defendant, justified departure); Hadley v. State, 488 So. 2d 162 (Fla. 1st DCA 1986) (elderly victim, physical attack, verbal abuse causing psychological trauma); Moore v. State, 468 So. 2d 1081 (Fla. 3d DCA 1985) (elderly victim beaten, theft caused severe economic and emotional hardship). This rule must be care…
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Williams v. State, 531 So. 2d 212 (Fla. 1st DCA 1988)…esent case.” State v. McCall, 524 So. 2d at 665. The third departure reason, the victim’s vulnerability, can be a valid basis for departure, in appropriate circumstances. See McPherson v. State, 505 So. 2d 5, 6 (Fla. 1st DCA 1986); Hadley v. State, 488 So. 2d 162 (Fla. 1st DCA 1986); VonCarter v. State, 468 So. 2d 276 (Fla. 1st DCA 1985); Morales v. State, 471 So. 2d 625, 626 (Fla. 2d DCA 1985); Moore v. State, 468 So. 2d 1081, 1082 (Fla. 3d DCA 1985). However, victim vulnerability is not a valid reason to […
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Johnson v. State, 509 So. 2d 1237 (Fla. 4th DCA 1987)…, 476 So. 2d 675 (Fla. 1985). A victim’s age may be a valid consideration in departing. See Ball v. State, 487 So. 2d 350 (Fla. 4th DCA), rev. denied, 497 So. 2d 1217 (Fla.1986); Harris v. State, 482 So. 2d 548 (Fla. 4th DCA 1986); Hadley v. State, 488 So. 2d 162 (Fla. 1st DCA 1986). However, in this case the victim was identified as a middle-aged store manager, and there was no evidence that her age was a relevant consideration. The manner of the defendant’s escape was also within the elements of the kidnap…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- von Carter v. State, 468 So. 2d 276 (Fla. 1st DCA 1985)
- Manning v. State, 452 So. 2d 136 (Fla. 1st DCA 1984)