OTIS LAMAR BROWN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wemett v. State, 567 So. 2d 882 (Fla. 1990)
  …2d 107, 108 (Fla. 4th DCA 1987) (“Neither advanced age alone, nor the victim’s helplessness or vulnerability to criminal activity are sufficient as clear and convincing reasons for upward departure from the sentencing guidelines.”); Guzie v. State, 512 So. 2d 289, 290 (Fla. 1st DCA 1987) (“no showing that the victim here was any more vulnerable than a person who may be younger and/or stronger”); Grant v. State, 510 So. 2d 313 (Fla. 4th DCA 1987) (age and vulnerability, in light of psychological trauma and br…
• Wemett v. State, 547 So. 2d 955 (Fla. 1st DCA 1989)
  …s increased by virtue of advanced age, frailty, or helplessness, the combination of factors which have made the victim particularly vulnerable will support a departure sentence. Bell v. State, 522 So. 2d 989, 990 (Fla. 1st DCA 1988); Guzie v. State, 512 So. 2d 289, 290 (Fla. 1st DCA 1987); Hadley v. State, 488 So. 2d 162 (Fla. 1st DCA 1986); Von Carter v. State, 468 So. 2d 276, 279 (Fla. 1st DCA 1985). Moreover, we conclude that the added factor that appellant committed separate and distinct offenses against…
• Duncan v. State, 532 So. 2d 674 (Fla. 1st DCA 1988)
  …departures based on age and vulnerability of the victim have been affirmed, age is an inappropriate reason for departure where, as here, there is no evidence that the victim was any more vulnerable than a younger or stronger person. Guzie v. State, 512 So. 2d 289 (Fla. 1st DCA 1987). The second reason stated by the trial court contains both valid and invalid components. First, since the sentencing guideline scoresheet reflects ten points for [*676] physical victim injury, the use of physical injury as a rea…

Authorities Cited

• State v. Henriquez, 485 So. 2d 414 (Fla. 1986)