SOPHIA LORRAINE SUMLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1987-05-08
Nos. BL-355, BN-360
THOMPSON and ZEHMER, JJ., concur.
506 So. 2d 1144 Florida District Court of Appeal, First District (1987) Positive Treatment
Cited by 4 cases
Topics
Aggravated Child Abuse Child Abuse Departure Sentence Probation Revocation

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Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

Sophia Sumler appeals the departure sentence based upon five reasons given by the trial court in sentencing her for aggravated child abuse and for child abuse, following revocation of probation. We find the only valid reasons to be the second and fourth reasons when they are considered together. That reason is that appellant was on probation for child abuse when she abused her physically helpless 15 month-old child. We find this to be valid as it refers to the character of appellant’s conduct for which probation was being revoked. State v. Pentaude, 500 So. 2d 526 (Fla.1987). However, we are unable to say the trial court would have departed to the extent it did based upon the valid reasons alone. Albritton v. State, 476 So. 2d 158 (Fla.1985).

The case is therefore REVERSED and REMANDED for resentencing.

THOMPSON and ZEHMER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dudley White v. State, 539 So. 2d 1160 (Fla. 1st DCA 1989)
    …ense was committed while the defendant was on probation has been held to be a valid clear and convincing reason for departure, citing State v. Pentaude, 500 So. 2d 526 (Fla.1987); Brooks v. State, 505 So. 2d 442 (Fla. 1st DCA 1987); Sumler v. State, 506 So. 2d 1144 (Fla. 1st DCA 1987); Cahill v. State, 505 So. 2d 1113 (Fla. 2d DCA 1987). Because the offense for which White was convicted in 1987 is similar to that for which he was serving the probation, the stated reason for departure is valid under the decisio…
  • Sumler v. State, 521 So. 2d 386 (Fla. 1st DCA 1988)
    …WENTWORTH, Judge. Appellant seeks review of sentences imposed for the offenses of child abuse and aggravated child abuse, after remand by this court. In Sumler v. State, 506 So. 2d 1144 (Fla. 1st DCA 1987), we determined that in departing from the recommended sentencing range established by the Fla.R. Crim.P. 3.701 sentencing guidelines the trial court had relied upon both permissible and impermissible reasons. On remand the trial…

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