DAVID FRY, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
The appellant appeals the trial court’s departure from the recommended guideline sentence of twelve to thirty months’ community control to a total sentence of five years’ incarceration. We find only one of the six reasons for departure, the appellant’s expressed contempt for the judicial system, to be valid. Unlike Sarvis v. State, 465 So. 2d 573 (Fla. 1st DCA 1985), in which the appellant’s contempt for the judicial system was found to be an invalid reason for departure, only because the departure was based upon his conviction of bail bond jumping, and had already been factored into his scoresheet, the appellant’s express contempt in the present case has not been factored into his recommended sentence. See also Fuller v. State, 488 So. 2d 594 (Fla. 2d DCA 1986). Finding both valid and invalid reasons for departure, we reverse and remand for resentencing in accordance with this opinion. Al-britton v. State, 476 So. 2d 158 (Fla.1985).
Reversed and Remanded for Resentenc-ing.
WIGGINTON and BARFIELD, JJ., concur.
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Viera v. State, 532 So. 2d 743 (Fla. 3d DCA 1988)…of this country and a clear and convincing reason for departure. See United States v. Gomez, 797 F. 2d 417 (7th Cir.1986) (sentencing court could properly take note of narcotics defendant’s illegal alien status from Colom [*746] bia); Fry v. State, 497 So. 2d 964 (Fla.lst DCA 1986) (defendant’s contempt for judicial system valid reason for departure); Fuller v. State, 488 So. 2d 594 (Fla.2d DCA 1986) (lack of regard for law valid reason for departure). We conclude that the trial court would have imposed a d…
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Brown v. State, 569 So. 2d 1223 (Fla. 1990)…itations omitted.) In upholding the sentence for this reason, the First District Court of Appeal stated that lack of regard for the judiciary and the law was a permissible ground for departure. Similar pronouncements have been made in Fry v. State, 497 So. 2d 964 (Fla. 1st DCA 1986), and Fuller v. State, 488 So. 2d 594 (Fla. 2d DCA 1986). Yet, other opinions contain the flat statement that lack of respect for the judicial system or the law is an invalid reason for departure. Hendsbee; Lee; Robinson v. State,…
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Brown v. State, 535 So. 2d 671 (Fla. 1st DCA 1988)…judicial system demonstrated by the appellant’s failure to comply with the conditions of his release on bond, and (4) premeditation. The third justification given, lack of regard for the judiciary and the law, is a permissible ground. Fry v. State, 497 So. 2d 964 (Fla. 1st DCA 1986). See also, Santana v. State, 507 So. 2d 680 (Fla. 2nd DCA 1987) (lack of respect for the law and judicial system a valid reason for departure where defendant failed to appear for disposition of a delivery of cocaine violation, an…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Smith v. State, 465 So. 2d 573 (Fla. 4th DCA 1985)
- Fuller v. State, 488 So. 2d 594 (Fla. 2d DCA 1986)