ALFREDO F. SANS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court affirmed convictions and upward departure sentences for armed burglary, attempted armed robbery, and firearm possession, holding that the trial court's written reasons—brutality of the crime, trauma to the victim's children, and public safety risk from scattered loaded weapons—justified departure from sentencing guidelines.
A trial court's upward departure from sentencing guidelines is justified when supported by written reasons documenting the crime's brutality, severe trauma to child victims, and significant public safety risks.
[1] A trial court's upward departure from sentencing guidelines is justified when supported by written reasons documenting the crime's brutality, victim trauma, and public sa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceDefendant Sans and four accomplices invaded a victim's home while armed, falsely claiming to be police officers and terrorizing the family. The invasi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Commission of a Felony cases and more on FLexlaw
PER CURIAM.
This is an appeal by the defendant Alfredo F. Sans from judgments of conviction and sentences for armed burglary, attempted armed robbery, and possession of a firearm during the commission of a felony entered upon an adverse jury verdict. The evidence adduced at trial established that the defendant and four other men engaged in a shocking armed invasion of the victim’s home; the defendant and his companions burst into the victim’s home while armed, claimed to be police officers and terrorized the victim and the victim’s family. Fortunately, the invasion was thwarted when alert neighbors notified the police, and the defendant was apprehended on the scene.
The sole point on appeal is that the trial court erred in departing upward from the sentencing guidelines. We disagree because the written reasons given by the trial court for departing from the guidelines fully justify the subject departure, to wit: (1) the brutality of the crime as described above, (2) the obvious trauma suffered by the victim’s small children during this shocking home invasion, and (3) the great risk exposure to the public by the defendant’s escape attempt in which loaded guns were scattered in the neighborhood, one of which a small child later discovered. See State v. McCall, 524 So. 2d 663 (Fla.1988); Vanover v. State, 498 So. 2d 899, 902 (Fla.1986); Casteel v. State, 498 So. 2d 1249, 1253 (Fla.1986); Scurry v. State, 489 So. 2d 25, 29 (Fla.1986).
The final judgments of conviction and sentences under review are, in all respects,
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Casteel v. State, 498 So. 2d 1249 (Fla. 1986)
- Creed Martin Vanover v. State, 498 So. 2d 899 (Fla. 1986)
- State v. McCALL, 524 So. 2d 663 (Fla. 1988)