DAVID LEE MOORE, APPELLANT,

v.

HARRY K. SINGLETARY, ET AL., APPELLEES

Citator

Cited By

• State v. Ayers, 901 So. 2d 942 (Fla. 2d DCA 2005)
  …rt] to depart based on the trial' court’s perception that the [lowest permissible] sentence under the [Code] is not commensurate with the seriousness of the crime.” State v. Baker, 498 So. 2d 1031, 1032 (Fla. 1st DCA 1986); see also State v. Lerman, 624 So. 2d 849, 849 (Fla. 2d DCA 1993) (“We agree with the state that the [downward departure] reason reflects the trial court’s disagreement with the guidelines and is invalid.”). When imposing a sentence, a trial court must act within the bounds of the discretio…
• State v. Hodges, 151 So. 3d 531 (Fla. 3d DCA 2014)
  …,8 or base a downward departure on a determination that a properly-scored prior criminal history results in a guidelines sentence that is unduly harsh. Bowman, 123 So. 3d at 109-10; Knox, 990 So. 2d at 669; Ayers, 901 So. 2d at 946; State v. Lerman, 624 So. 2d 849 (Fla. 2d DCA 1993). Sentence manipulation The trial court’s written order contained an additional basis for downward depar [*536] ture not stated orally at the time of sentencing: that the police engaged in sentence manipulation, citing to State v…
• State v. McGRIFF, 698 So. 2d 331 (Fla. 2d DCA 1997)
  …a lengthy prison [term],” is an expression of the trial court’s disagreement with the sentencing guidelines. Without at least one other valid reason, departure is unauthorized. Scurry v. State, 489 So. 2d 25, 29 (Fla.1986). See also State v. Lerman, 624 So. 2d 849 (Fla. 2d DCA 1998). The second reason the trial court gave was that there was no personal injury, no loss of property, and no firearm used. The second reason is invalid because these factors are taken into consideration when the scoresheet is compl…

Authorities Cited

• Moore v. Dugger, 613 So. 2d 571 (Fla. 1st DCA 1993)