HUGH FRANCIS BOEHMER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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ADKINS, Justice.
We have for review Boehmer v. State, 472 So. 2d 555 (Fla. 5th DCA 1985), which the district court certified as conflicting with Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA), aff'd, 478 So. 2d 351 (Fla.1985), cert. denied, 106 S.Ct. 1232 (1986), and Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984), aff'd 478 So. 2d 1054 (Fla.1985). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Our recent approval of Boynton and Jackson, in which we held that a departure sentence must be accompanied by a written statement delineating the reasons for departure, requires us to quash the decision of the district court and direct the district court to remand to the trial court for sentencing consistent with this opinion.
It is so ordered.
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.
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Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987)…more than one manner, one of which involves physical contact, victim injury can be scored if the charging instrument alleges and the evidence demonstrate physical contact. Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), quashed on other grounds, 489 So. 2d 1130 (Fla.1986). However, Brown states he was charged under section 787.01(1)(a)(2), kidnapping with the intent to facilitate the commission of another felony, and that neither the information nor the evidence support a finding that victim injury was an…
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Beasley v. State, 503 So. 2d 1347 (Fla. 5th DCA 1987)…es at conviction.” This court has held that victim injury can be scored for a conviction of lewd, lascivious or indecent assault or act upon or in the presence of a child. Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), quashed on other grounds, 489 So. 2d 1130 (Fla.1986). The court noted that the lewd and lascivious assault statute was written in the disjunctive so that physical contact could constitute an element since the information charged the crime in the disjunctive. Likewise, the information in the…
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O'Bright v. State, 508 So. 2d 385 (Fla. 1st DCA 1987)…nizes that scoring victim injury for “contact but no penetration" in sentencing for a violation of section 800.04, Florida Statutes (1983), has been judicially approved in Moore v. State, 469 So. 2d 947 (Fla. 5th DCA 1985), quashed on other grounds, 489 So. 2d 1130 (Fla.1986), but argues that this decision has, by implication, limited such scoring to contact only and has thereby excluded scoring for penetration. . This amendment became effective October 1, 1984, and was effective during the period of time tha…
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- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984)
- Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)
- State v. Boynton, 478 So. 2d 351 (Fla. 1985)
- Boehmer v. State, 472 So. 2d 555 (Fla. 5th DCA 1985)