KENNETH RICHARD CUMBIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNETH RICHARD CUMBIE, APPELLANT,
STATE OF FLORIDA, APPELLEE
562 So. 2d 845
Florida District Court of Appeal, First District (1990)
Negative Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Cumbie has appealed from a guidelines departure sentence for attempted capital sexual battery, imposed following this court’s reversal and remand for re-sentencing in Cumbie v. State, 539 So. 2d 538 (Fla. 1st DCA 1989). We affirm on both issues raised herein, but as we did in Wilson v. State, 548 So. 2d 874 (Fla. 1st DCA 1989), review pending Case No. 74,872, certify the following question as one of great public importance:
Whether abuse of a position of familial authority over a victim may constitute a clear and convincing reason justifying the imposition of a departure sentence for a conviction of attempted capital sexual battery?
Affirmed.
BOOTH, JOANOS and BARFIELD, JJ., concur.
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DiSTEFANO Constr., Inc. v. Fid. & Deposit Co. OF Md., 597 So. 2d 248 (Fla. 1992)…HARDING, Justice. We have for review Fidelity & Deposit Co. v. DiStefano Construction, Inc., 562 So. 2d 845 (Fla. 3d DCA 1990), based upon certified direct conflict with U.S. Fire Insurance Co. v. Sheffield Steel Products, Inc., 533 So. 2d 782 (Fla. 5th DCA 1988), review denied, 542 So. 2d 989 (Fla.1989), on the issue of whether section 627.428(1), Florid…
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Cumbie v. State, 597 So. 2d 946 (Fla. 1st DCA 1992)…criminal case has been before us for review. In Cumbie v. State, 539 So. 2d 538 (Fla. 1st DCA 1989), we affirmed appellant’s conviction of attempted capital sexual battery, but vacated the sentence and remanded for resentencing. In Cumbie v. State, 562 So. 2d 845 (Fla. 1st DCA 1990), we affirmed the departure sentence imposed on remand, but certified as a question of great public importance whether the reason used by the trial court to justify the departure sentence was legally sufficient. The Supreme Court…
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Cumbie v. State, 574 So. 2d 1074 (Fla. 1991)…PER CURIAM. We have for review Cumbie v. State, 562 So. 2d 845 (Fla. 1st DCA 1990), which certified a question similar to one recently answered by this Court in Wilson v. State, 567 So. 2d 425 (Fla.1990): Whether abuse of a position of familial authority over a victim may constitute a clear and convincing reas…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cumbie v. State, 539 So. 2d 538 (Fla. 1st DCA 1989)
- Wilson v. State, 548 So. 2d 874 (Fla. 1st DCA 1989)