GARY ELLIS MATHIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a trial court's statement that any single given reason would suffice for departure, even if some reasons are invalid, satisfies the standard for departure from sentencing guidelines.
Mathis was convicted of robbery with a firearm, aggravated assault, and use of a firearm during a felony. The trial court departed from the recommende…
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PER CURIAM.
Mathis appeals the trial court’s departure from the recommended guidelines sentence. We affirm.
Mathis was convicted of, and sentenced for, three counts of robbery with a firearm, three counts of aggravated assault and three counts of use of a firearm during the commission of a felony. The trial court stated both valid and invalid reasons for departure. The reasons may be summarized as follows:
(1.) The manner in which the crimes were committed constituted a crime binge.
(2.) The innocent victims suffered severe emotional and psychological trauma as a result of Mathis’ conduct.
(3.) Mathis’ action constituted the excessive use and threat of force.
(4.) Two of the victims were female store clerks working alone and at night.
(5.) Mathis admittedly used drugs and alcohol prior to the commission of the crimes.
(6.) Mathis’ actions created an unreasonable risk to the safety of others. (7.) The guidelines sentence would not provide adequate retribution, rehabilitation and deterrence.
Reasons (1.), (3.), (4.), and (6.) are valid and the others are invalid. The court also stated, both at the sentencing hearing and in its written statement of reasons for departure, that any one of the cited reasons would be sufficient for the court to depart. Therefore, as we have done in the previous cases Griffis v. State, 497 So. 2d 296 (Fla. 1st DCA 1986) and Reichman v. State, 497 So. 2d 293 (Fla. 1st DCA 1986) we certify the following question to be one of great public importance:
DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON V. STATE?
AFFIRMED.
SMITH, THOMPSON and WIGGINTON, JJ., concur.
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Mathis v. State, 515 So. 2d 214 (Fla. 1987)…BARKETT, Justice. We have for review Mathis v. State, 498 So. 2d 647 (Fla. 1st DCA 1986), in which the district court certified the following question of great public importance: DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REAS…
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Michiah Banks v. State, 520 So. 2d 43 (Fla. 1st DCA 1987)…proper as they relate to the manner in which the crime was carried out, Lewis v. State, 496 So. 2d 211 (Fla. 1st DCA 1986), the circumstances surrounding the offense, Fla.R.Crim.P. 3.701 b.3., and excessive use and threat of force, Mathis v. State, 498 So. 2d 647 (Fla. 1st DCA 1986). Last, reason # 4 is invalid on two bases. First, the evidence in the record fails to support a conclusion that the victim is “still” suffering psychological trauma, since the victim’s testimony was taken 20 months prior to Judge…
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Bulger v. State, 509 So. 2d 1269 (Fla. 1st DCA 1987)…the area in search of further confrontation with the victims. The first reason, risk to safety of others, has repeatedly been considered valid where supported by the record. E.G. Hannah v. State, 480 So. 2d 718 (Fla. 4th DCA 1986); Mathis v. State, 498 So. 2d 647 (Fla. 1st DCA 1986). Unnecessary risk of harm to others is supported by this record in this case. The second reason — that defendant left the scene to obtain the gun and returned to seek out the victim — is an invalid reason to depart from a convic…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffis v. State, 497 So. 2d 296 (Fla. 1st DCA 1986)
- Reichman v. State, 497 So. 2d 293 (Fla. 1st DCA 1986)