JOHN RICHARD COLLINS, 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.
John Richard Collins appeals his convictions for trafficking in cocaine and possession of cannabis, challenging the trial court's departure from sentencing guidelines that imposed 21 years instead of the guideline range of 3.5 to 4.5 years. The appellate court agrees that both stated reasons for departure were legally insufficient and reverses the sentences for resentencing within guidelines.
The trial court erred in departing from the sentencing guidelines. The first reason (flight endangering officers) was not sufficiently proven beyond a reasonable doubt and did not create extraordinary danger. The second reason (professional execution) is an inherent component of trafficking and therefore cannot justify departure from guidelines.
[1] A trial court's reasons for departing from sentencing guidelines must be proven beyond a reasonable doubt.
[2] Evidence of flight into a residence by an unarmed suspect, without further indication of extraordinary danger, does not constitute a clear and convincing reason for depar…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The first reason, stated above, is not a clear and convincing reason for departing from the sentencing guidelines because it was not proven below beyond a reasonable doubt.”
Establishes that flight as a departure reason was factually insufficient and lacked the required proof standard.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCollins was convicted of trafficking in cocaine and possession of cannabis. The trial court sentenced him to 21 years imprisonment, exceeding the sent…
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 Clear and Convincing cases and more on FLexlaw
PER CURIAM.
This is an appeal by the defendant John Richard Collins from two judgments of conviction for trafficking in cocaine and possession of cannabis and a total sentence of twenty-one (21) years imprisonment. The sole point on appeal is that the trial court erred in exceeding the sentencing guidelines range of 3V2 to 4½ years imprisonment. We agree and reverse for resentencing.
The written reasons given by the trial court for departing from the aforesaid sentencing guidelines were:
“1. Evidence of flight in an admittedly high crime area with a large number of drug deals and robberies, as brought out by the defense, caused great risk of harm to the chasing police officers as well as the other individuals living in the area. See Everage v. State, 504 So. 2d 1255 (Fla. 1st DCA 1986), rev. denied, 508 So. 2d 13 (Fla.1987).
2. Executing the crimes in a professional manner. See Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984). The packaging, use of small envelopes, locked trunk support a conclusion of professional execution.”
The first reason, stated above, is not a clear and convincing reason for departing from the sentencing guidelines because it was not proven below beyond a reasonable doubt. We agree with the defendant that the record in this case does not demonstrate that the defendant’s flight into the house in question exposed the police officers to any greater danger than normally encountered when arresting a fleeing felon. The defendant was unarmed; the police officers pursued and immediately caught the defendant in the house without any violent incident; other persons living in the area and in the house were never in any extraordinary physical danger. The second reason, stated above, is not a clear and convincing reason for departing from the sentencing guidelines because the stated reason is an inherent component of the crime of trafficking in cocaine. Indeed, the state concedes that this was an invalid reason for the subject departure. See State v. Cote, 487 So. 2d 1039, 1039 (Fla.1986); Chirino v. State, 516 So. 2d 97, 98 (Fla. 3d DCA 1987); Alexander v. State, 513 So. 2d 1117 (Fla. 2d DCA 1987); Banks v. State, 509 So. 2d 1320, 1321-22 (Fla. 5th DCA 1987).
The judgments of conviction under review are affirmed; the sentences under review are reversed, and the cause is remanded to the trial court for resentencing within the sentencing guidelines.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
D'Angelo v. State, 575 So. 2d 643 (Fla. 1991)…PER CURIAM. Pursuant to article V, section 3(b)(3) of the Florida Constitution, we accepted jurisdiction to review D’Angelo v. State, 541 So. 2d 706 (Fla. 4th DCA 1989), because of its conflict with Collins v. State, 535 So. 2d 661 (Fla. 3d DCA 1988). The issue is whether the finding that “the crime was committed in a well-organized and professional manner” is a valid reason for departure from the sentencing guidelines. In the meantime, this Court has now issued its opinion in…
-
Hernandez v. State, 575 So. 2d 640 (Fla. 1991)…KOGAN, Justice. We have for review Hernandez v. State, 540 So. 2d 881 (Fla. 4th DCA 1989), based upon express and direct conflict with State v. Fletcher, 530 So. 2d 296 (Fla.1988), and Collins v. State, 535 So. 2d 661 (Fla. 3d DCA 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Aida Hernandez was convicted of trafficking in cocaine in excess of 400 grams and of conspiracy to traffic in cocaine in excess of 400 grams. The offenses occurred in March 19…1 / 2
-
Campbell v. State, 558 So. 2d 34 (Fla. 1st DCA 1989)…t has held that executing the crime of trafficking in cocaine in a professional manner is not a clear and convincing reason for departure, “because the stated reason is an inherent component of the crime of trafficking in cocaine.” Collins v. State, 535 So. 2d 661, 663 (Fla. 3d DCA 1988). In fact, in Collins, the state agreed that the professional manner in which the crime was com [*40] mitted was an invalid reason for departure. Accord Rivera v. State, 543 So. 2d 441 (Fla. 3d DCA 1989). On the other hand, t…
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
- State v. Cote, 487 So. 2d 1039 (Fla. 1986)
- Winford Lee Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984)
- Alexander v. State, 513 So. 2d 1117 (Fla. 2d DCA 1987)
- Everage v. State, 504 So. 2d 1255 (Fla. 1st DCA 1986)
- Michael Banks v. State, 509 So. 2d 1320 (Fla. 5th DCA 1987)
- Chirino v. State, 516 So. 2d 97 (Fla. 3d DCA 1987)