JESUS MOREIRA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Jesus Moreira appealed an upward departure from sentencing guidelines in a kidnapping for ransom case. The Florida District Court of Appeal affirmed the departure, finding that the extreme risk to public safety and severe psychological trauma to the victim's family constituted legally sufficient grounds for the enhanced sentence.
The appellate court affirmed the upward sentencing departure, finding that both grounds—the extreme risk to the physical safety of citizens and law enforcement officers, and the severe psychological trauma inflicted on the victim's family members—were legally sufficient to justify the enhanced sentence.
[1] An upward departure from sentencing guidelines is permissible when the commission of the offense created an extreme risk to the physical safety of citizens and law enforc…
[2] An upward departure from sentencing guidelines is permissible when the commission of the offense created severe psychological trauma to members of the victim's family.
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Join FLexlaw to unlock all legal intelligence“The perpetration of these offenses created an extreme risk to the physical safety of both citizens and law enforcement officers. At least four people who were inside the victim's residence were subjected to having machine guns pointed at them by this defendant and threatened with bodily harm.”
Establishes the first ground for upward sentencing departure based on extreme risk to public safety
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Join FLexlaw to unlock all legal intelligenceMoreira committed kidnapping for ransom offenses that involved tying up and abducting a victim from his residence in the presence of family members, t…
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PER CURIAM.
The defendant appeals from an order departing upward from the sentencing guidelines for the following reasons:
1. The perpetration of these offenses created an extreme risk to the physical safety of both citizens and law enforcement officers. At least four people who were inside the victim’s residence were subjected to having machine guns pointed at them by this defendant and threatened with bodily harm. Furthermore, the defendant threatened to kill everyone in the residence on at least two or three occasions. When the attempt was made to pick up the ransom money, the defendant, who was armed with a submachine gun, fired a substantial number of shots at one of the victims. This shooting took place at an Exxon Gas Station which was open for business and in the public thoroughfares of Dade County. Present, nearby, were other civilian witnesses as well as an FBI Agent assisting in the investigation into this kidnap for ransom. Garcia v. State, 455 So. 2d 714 (Fla 1st DCA 1984); Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984); Scurry v. State, 489 So. 2d 25 (Fla.1986); Davis v. State, 476 So. 2d 303 (Fla. 1st DCA 1985); Brinson v. State, [478 So. 2d 1174] (Fla. 2 DCA ).
2. The commission of offense created severe psychological trauma to members of the victim’s family. The testimony established that the defendant tied up and abducted the victim in the victim’s own residence in the presence of the victim’s common law wife as well as other family members. Those family members were threatened with bodily harm if they resisted in any fashion. The emotional trauma on the victim’s family members, who themselves witnessed the abduction of the victim, at machine gun point from his own residence, and not knowing whether they would ever see him alive again cannot be understated. The Court considers as especially compelling the fact that the victim was abducted from within his own home in the presence of his loved ones. Davis v. State, [489 So. 2d 754] (Fla. 1st DCA 1986); Olive v. State, 489 So. 2d 893 (Fla. 3d DCA 1986); Scurry v. State, supra.
We conclude that both grounds are supported by the reasons and the authorities cited.
Affirmed.
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Citator
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Jordan v. State, 728 So. 2d 748 (Fla. 3d DCA 1998)…re occupied and several individuals, including a child, came outside and had to be ordered back indoors. The departure reason was proper under the facts of this case. See id.; Green v. State, 545 So. 2d 359, 360 (Fla. 2d DCA 1989); Moreira v. State, 500 So. 2d 343, 344 (Fla. 3d DCA 1987). Affirmed. . Although the trial court in this case imposed a departure sentence, that does not moot the claim of s coresheet error. "A trial court must have the benefit of a properly prepared scoresheet before it can make a…
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REY v. State, 509 So. 2d 1332 (Fla. 3d DCA 1987)…te, 503 So. 2d 1370, 1372 (Fla. 4th DCA 1987) (upward deviation from guidelines was proper where defendant held lighter near sticks of dynamite in attempt to rob bank, creating a great risk of harm to customers and bank employees); Moreira v. State, 500 So. 2d 343 (Fla. 3d DCA 1987) (departure sentence affirmed where defendant subjected 4 persons in victim’s residence to having a machine gun pointed at them and where defendant fired submachine gun at one of victims at a gas station where other persons and an…
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Lumpkin v. State, 510 So. 2d 1164 (Fla. 3d DCA 1987)…amilies a valid reason for departure in the instant case.1 While emotional and psychological trauma to members of a victim’s family [*1166] who witness the crime may be a valid reason for upward departure in some circumstances, see Moreira v. State, 500 So. 2d 343 (Fla. 3d DCA 1987) (psychological trauma to victim’s relatives valid reason for upward departure where victim tied up and abducted from his home in the presence of relatives who were also threatened at gunpoint); cf. Casteel, 498 So. 2d at 1253 (“[T…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984)
- Davis v. State, 489 So. 2d 754 (Fla. 1st DCA 1986)
- Varnes v. State, 489 So. 2d 893 (Fla. 2d DCA 1986)
- Davis v. State, 476 So. 2d 303 (Fla. 1st DCA 1985)
- Brinson v. State, 478 So. 2d 1174 (Fla. 2d DCA 1985)