HARRY MARTIN KIMBLER, JR., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ervin Sharp v. State, 497 So. 2d 736 (Fla. 1st DCA 1986)
  …e 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).…
• Vaughn R. Simpson v. State, 505 So. 2d 1378 (Fla. 1st DCA 1987)
  …ed assault) to the robbery statute and concluded that “the causing of fear and resulting psychological trauma is by statutory definition an inherent component of the crime of robbery and, thus, not a valid reason for departure.” Williamson v. State, 496 So. 2d 886, 887 (Fla. 2d DCA 1986). The court went on to say that there may, however, be “instances where the record reveals that the psychological trauma resulting from an offense is so extensive that a departure may be justified.” Id. at 888. See also Konyve…
• Mendenhall v. State, 511 So. 2d 342 (Fla. 5th DCA 1987)
  …ecommended sentence. 498 So. 2d at 865. The record, however, does not support that reason in this case. The unlikelihood of rehabilitation is not a valid reason for departure. Todd v. State, 503 So. 2d 451 (Fla. 5th DCA 1987); Williamson v. State, 496 So. 2d 886 (Fla. 2d DCA 1986). Intoxication and drug dependency are not valid reasons for departure. Barbera v. State, 505 So. 2d 413 (Fla.1987). See also Scurry v. State, 489 So. 2d 25 (Fla. 1986) (quashing Scurry v. State, 472 So. 2d 779 (Fla. 1st DCA 1985)…

Authorities Cited

• Jean v. State, 455 So. 2d 1083 (Fla. 2d DCA 1984)
• Rodrigue v. State, 481 So. 2d 24 (Fla. 5th DCA 1985)