J.I. CASE COMPANY, ETC., PETITIONER,

v.

SHEILA HENLEY, ETC., RESPONDENT

Citator

Cited By (37 total)

• Wemett v. State, 567 So. 2d 882 (Fla. 1990)
  …he exception of upward departure is intended to apply when extraordinary circumstances exist to “reasonably justify aggravating ... the sentence.” Fla.R.Crim.P. 3.701(d)(ll). See, e.g., State v. McCall, 524 So. 2d 663, 665 (Fla.1988); Hall v. State, 517 So. 2d 692, 694-95 (Fla.1988); Vanover v. State, 498 So. 2d 899, 900-01 (Fla.1986). It necessarily follows that a departure cannot be based on factors common to nearly all victims of similar crimes. Otherwise, the exception would swallow the rule. Previous dec…
• Smith v. State, 525 So. 2d 477 (Fla. 1st DCA 1988)
  …State, 498 So. 2d 1249, 1258 (Fla.1986), or where there is “a discernible physical manifestation resulting from the trauma.” State v. Rousseau, 509 So. 2d 281, 184-185 (Fla.1987). See also Tillman v. State, 525 So. 2d 862 (Fla.1988); Hall v. State, 517 So. 2d 692, 694 (Fla.1988). The record in this case reflects that the emotional trauma suffered by the victim constitutes trauma with discernible physical manifestations, as contemplated by Rousseau. In addition, the trauma is related to extraordinary circums…
• State v. McCALL, 524 So. 2d 663 (Fla. 1988)
  …665] This Court has recently recognized, however, that a trial court may validly depart from the recommended guidelines sentence when the conduct of the defendant is so extraordinary or egregious as to be beyond the ordinary case. See Hall v. State, 517 So. 2d 692 (Fla.1988); Vanover v. State, 498 So. 2d 899 (Fla.1986). In Hall, the trial court based departure, in part, on the “[p]remeditated repetitive and long-lasting beatings of their children beginning at approximately age one and continuing for three yea…

Authorities Cited

• Pait v. Ford Motor Co., 515 So. 2d 1278 (Fla. 1987)
• Henley v. J.I. Case Co., 510 So. 2d 342 (Fla. 3d DCA 1987)