WADE EDWARD CARTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Wade Carter was convicted of second degree murder, attempted second degree murder, and simple battery after being charged with more serious offenses. The trial court departed upward from the recommended sentencing guidelines, imposing 40 years for murder plus concurrent sentences. The appellate court affirmed both the convictions and sentences, finding valid reasons for the departure.
The convictions are affirmed as supported by ample evidence. The upward departure from guidelines is affirmed because the trial court cited two valid reasons: Carter's significant juvenile record and his pattern of ongoing criminal conduct over a lengthy period, both recognized as valid departure grounds under Florida law.
[1] A significant juvenile record is a valid reason for departing from recommended sentencing guidelines.
[2] An ongoing course of criminal conduct for a lengthy period of time is a valid reason for departing from recommended sentencing guidelines.
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Join FLexlaw to unlock all legal intelligence“The evidence amply supports the convictions.”
Establishes the appellate court's finding that the jury verdict was supported by sufficient evidence
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Join FLexlaw to unlock all legal intelligenceCarter was charged with first degree murder of Tony Halterman, attempted first degree murder of Kimberly Cook, and burglary with battery. He was convi…
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ORFINGER, Judge.
Charged with first degree murder of Tony Halterman, attempted first degree murder of Kimberly Cook and burglary with a battery, the defendant was convicted of the lesser included offenses of second degree murder, (Halterman) attempted second degree murder (Cook) and simple battery. The trial court departed from the recommended guidelines sentence of 17-22 years, and sentenced defendant to 40 years’ incarceration for the murder conviction, 30 years concurrent on the attempted murder and one year concurrent on the battery. Defendant appeals the sentences and the convictions and we affirm.
The evidence amply supports the convictions. As reasons for departing from the recommended guidelines sentence, the trial court cited the defendant’s “significant juvenile record,” a valid reason based on Weems v. State, 469 So. 2d 128 (Fla.1985).
Additionally, after reciting the many juvenile crimes which defendant had committed as well as an adult felony conviction for burglary of an occupied dwelling, the court found “that the defendant has engaged in an ongoing course of criminal conduct for a lengthy period of time.” This finding is supported by the record in this case and is a valid reason for departure. Williams v. State, 504 So. 2d 392 (Fla.1987); Brocking-ton v. State, 506 So. 2d 495 (Fla. 5th DCA 1987). Although finding the defendant to be an habitual felon, it does not appear that the trial judge relied on this ground as an independent basis for departure. We therefore find no conflict with Whitehead v. State, 498 So. 2d 863 (Fla.1986).
After reciting the foregoing reasons, the written order says: “This court finds that the sentence imposed is appropriate because of the reasons heretofore set forth, notwithstanding other considerations which are to follow” (emphasis supplied). Other reasons then follow, but we need not explore them in light of the trial court’s clear statement that the departure sentence was based on the first stated reasons.
We conclude that the written order demonstrates beyond a reasonable doubt that the departure sentence was based on the first mentioned valid reasons, so that even if some or all of the later stated reasons are invalid as appellant contends, (a point we need not decide), the trial judge would have imposed the same sentence. Casteel v. State, 498 So. 2d 1249 (Fla.1986); Albritton v. State, 476 So. 2d 168 (Fla.1986).
AFFIRMED.
COBB and COWART, JJ., concur.
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Citator
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Puffinberger v. State, 581 So. 2d 897 (Fla. 1991)…r departure. Puffinberger, 558 So. 2d at 189. However, noting that some district courts have found that Weems requires that a juvenile record be extensive or significant, see, e.g., Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989); Carter v. State, 510 So. 2d 930 (Fla. 5th DCA), review denied, 519 So. 2d 986 (Fla.1987), the district court certified the above question. Puffinberger, 558 So. 2d at 189. Puffinberger contends that his record is not serious enough to warrant departure under Weems. Even the State…
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Blue v. State, 541 So. 2d 736 (Fla. 1st DCA 1989)…and simple battery. We find the three offenses resulting in adjudications of guilt do not meet the requirement that an unscored juvenile record may be a basis for departure only if it is “extensive,” Weems, supra, or “significant,” Carter v. State, 510 So. 2d 930 (Fla. 5th DCA 1987). The order is therefore reversed. THOMPSON and WIGGINTON, JJ„ concur.…
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Walker v. State, 519 So. 2d 1105 (Fla. 3d DCA 1988)…single prior juvenile conviction some four and one-half years earlier, which does not constitute a clear and convincing reason for departure.1 See Weems v. State, 469 So. 2d 128 (Fla.1985) (extensive unscored juvenile convictions); Carter v. State, 510 So. 2d 930 (Fla. 5th DCA 1987) {significant unscored juvenile record). Second, the trial court’s statement that the greater sentence was “necessary to protect the public from [the defendant’s] continuing crimes” is not a valid reason for departure because the…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- Williams v. State, 504 So. 2d 392 (Fla. 1987)
- Casteel v. State, 498 So. 2d 1249 (Fla. 1986)
- Weems v. State, 469 So. 2d 128 (Fla. 1985)
- State v. Carrillo, 506 So. 2d 495 (Fla. 5th DCA 1987)
- Brockington v. State, 506 So. 2d 495 (Fla. 5th DCA 1987)