STATE OF FLORIDA, PETITIONER,

v.

ROBERT A. LETTMAN, RESPONDENT

Citator

Cited By

• Robinson v. State, 589 So. 2d 1372 (Fla. 4th DCA 1991)
  …savage unmitigated beating to death of a 17 day old baby by the Def. Age-related vulnerability alone is an insufficient reason to depart. Wemett v. State, 567 So. 2d 882 (Fla.1990); Lettman v. State, 526 So. 2d 207 (Fla. 4th DCA 1988), rev. denied, 544 So. 2d 1025 (Fla.1989). However, the supreme court stated in Wemett that it might be possible for a trial court to combine age-related vulnerability with other substantial factors to establish a clear and convincing reason for departure if those factors togethe…

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• Small v. State, 667 So. 2d 299 (Fla. 1st DCA 1995)
  …t from a recommended guidelines sentence when the conduct of the defendant is so extraordinary or egregious as to be beyond the ordinary case. 524 So. 2d at 665 (emphasis added). In Lettman v. State, 526 So. 2d 207 (Fla. 4th DCA 1988), rev. denied, 544 So. 2d 1025 (Fla.1989), the court reversed a departure sentence for third-degree murder of a three-year-old child by her father, stating, [Departure based on abuse of familial trust is permissible but, as suggested by the supreme court, only under the most bar…

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• Gonzalez v. State, 624 So. 2d 300 (Fla. 4th DCA 1993)
  …o agree with appellant that the trial court erred in departing from the guidelines. See Robinson v. State, 589 So. 2d 1372 (Fla. 4th DCA1991), rev. denied, 599 So. 2d 1280 (Fla.1992); Lettman v. State, 526 So. 2d 207 (Fla. 4th DCA1988), rev. denied, 544 So. 2d 1025 (Fla.1989). ANSTEAD and KLEIN, JJ., concur. OWEN, WILLIAM C., Jr., Senior Judge, dissenting in part with opinion. . Notwithstanding the above, there seems to be continuing confusion within the districts as to the continued vitality of the four fa…