BEVERLY WOOD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wemett v. State, 567 So. 2d 882 (Fla. 1990)
  …lear and convincing reasons for exceeding a recommended sentence. Age and vulnerability, when coupled with additional circumstances, can meet that [*889] standard. This conclusion has already been reached by the district courts. E.g., Bell v. State, 522 So. 2d 989 (Fla. 1st DCA 1988) (departure valid when elderly woman received substantial injury in a purse-snatching); Byrd v. State, 516 So. 2d 107, 108 (Fla. 4th DCA 1987) (“Neither advanced age alone, nor the victim’s helplessness or vulnerability to crimina…

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• Wemett v. State, 547 So. 2d 955 (Fla. 1st DCA 1989)
  …This court has held that when a victim’s vulnerability is 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 ap…
• Therman Nelson v. State, 567 So. 2d 548 (Fla. 5th DCA 1990)
  …tarium in Orlando. Victim injury, since it was calculated into the aggravated battery portion of the scoresheet, does not justify departure. However, the vulnerability of the victims justifies the departure in this case. As stated in Bell v. State, 522 So. 2d 989, 990 (Fla. 1st DCA 1988): Contrary to appellant’s position, vulnerability of the victim, such that the degree of suffering from physical or psychological injury is increased by reason of advanced age ... is a valid reason for departure. [Citations…

Authorities Cited

• Daniels v. State, 491 So. 2d 543 (Fla. 1986)