CHRISTIAN DANIEL MASSARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
BARKETT, Justice.
We took jurisdiction of Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986), because of express and direct conflict with Whitehead v. State, 498 So. 2d 868 (Fla.1986). Art. V, § 3(b)(3), Fla. Const. The Fourth District, in its opinion below, held that habitual offender status was a sufficient reason to depart from the guidelines. We subsequently held that this is not a permissible reason to depart. Whitehead, 498 So. 2d at 867. Since the district court remanded for resentencing and the trial court now has the benefit of our decision in Whitehead, there is no need for our review.
Accordingly, the petition for review is dismissed.
It is so ordered.
McDonald, C.J„ and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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ABT v. State, 528 So. 2d 112 (Fla. 4th DCA 1988)…onsidered and rejected the substance of this assertion. Abt, 504 So. 2d at 550. See also State v. Mischler, 488 So. 2d 523 (Fla. 1986); State v. Cote, 487 So. 2d 1039 (Fla.1986); Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986), rev. dismissed, 504 So. 2d 403 (Fla.1987). Reasons 4, 5, 6 and 7 are new reasons given by the trial judge. In Shull v. Dugger, 515 So. 2d 748, 750 (Fla.1987), the supreme court held that “a trial court may not enunciate new reasons for a departure sentence after the reasons give…
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Bryant Wright v. State, 538 So. 2d 497 (Fla. 3d DCA 1989)…court relied upon invalid reasons in departing from the guidelines sentence. Victim injury is not an essential element of attempted murder or of robbery with a deadly weapon.1 Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986), review dismissed, 504 So. 2d 403 (Fla.1987). Thus, victim injury may support a departure from sentencing guidelines. Hansbrough v. [*499] State, 509 So. 2d 1081 (Fla.1987); Hayes v. State, 516 So. 2d 318 (Fla. 2d DCA 1987); Schraffa v. State, 508 So. 2d 755 (Fla. 4th DCA 1987). Fu…
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Fennell v. State, 528 So. 2d 1212 (Fla. 4th DCA 1988)…ectly asserts the rule applicable at the time of sentencing that victim injury could only be properly scored if it was an element of the offense.1 See Fla.R. Crim.P. 3.701(d)(7); Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986), rev. dismissed, 504 So. 2d 403 (Fla.1987); Clifford v. State, 518 So. 2d 983 (Fla.2d DCA 1988); Smith v. State, 501 So. 2d 139 (Fla.2d DCA 1987); Wright v. State, 487 So. 2d 1176 (Fla. 1st DCA 1986). See also Mathis v. [*1213] State, 515 So. 2d 214 (Fla.1987); State v. Whitfield,…
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- Massard v. State, 501 So. 2d 1289 (Fla. 4th DCA 1986)
- Reed A. Bryan, III v. Century Nat'l Bank, 498 So. 2d 868 (Fla. 1986)