STATE OF FLORIDA, APPELLANT,
v.
REGINALD DEMOND WILLIAMS, 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.
The State appealed a downward departure sentence imposed on Reginald Williams for sexual battery with a deadly weapon, kidnapping, and grand theft. The appellate court affirmed the convictions but reversed the sentence, holding that the trial court's reliance solely on Williams' age and minimal prior record was insufficient to support downward departure under Florida sentencing guidelines.
The convictions were affirmed but the sentence was reversed. Age and minimal prior record alone cannot support downward departure without other extraordinary circumstances. Victim injury points must be deleted from the sentencing calculation where no physical injury was sustained. Williams was properly convicted of sexual battery with a deadly weapon as a principal who aided and abetted, despite not physically possessing the weapon.
[1] A defendant's age and minimal prior record, without more, cannot support a downward departure sentence.
[2] Age and lack of prior record may be considered as factors for downward departure when extraordinary reasons, such as rehabilitation or participation in a treatment progra…
Previewing 2 of 5 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“His age and prior record, however, without more, cannot support a downward departure.”
Establishes that age and minimal prior record alone are insufficient for downward departure under Florida sentencing guidelines.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWilliams and co-defendant Findley approached the victim in an apartment complex parking lot. One of them held a gun while forcing the victim into her …
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 Sexual Battery With A Deadly Weapon cases and more on FLexlaw
FRANK, Chief Judge.
The state has appealed the downward departure sentence imposed upon Reginald De-mond Williams following his convictions for two counts of sexual battery with a deadly weapon, kidnapping, and grand theft. Williams has cross-appealed, contending that the court erred in scoring points for victim injury and in adjudicating him guilty of sexual battery with a deadly weapon. We affirm the convictions but reverse the sentence.
Williams was sentenced to 7 years in Florida State Prison, to be followed by 10 years of probation.
The trial court relied in its order upon Williams’ age (17) and a minimal prior record as the reasons for departing from the recommended range of 12 to 17 years and the permitted range of 9 to 22 years. His age and prior record, however, without more, cannot support a downward departure. State v. Matlock, 544 So. 2d 244 (Fla. 2d DCA 1989).
Although age and the lack of prior record can be factors when there are other extraordinary reasons to support downward departure, such as the help of relatives and friends, rehabilitation, and participation in a treatment program, found appropriate in State v. Frinks, 555 So. 2d 916 (Fla. 1st DCA 1990), the trial court in this instance made no equivalent findings. Upon remand, Williams must be sentenced within the guidelines. At resentencing, however, the trial court should delete victim injury points from the scoresheet calculations. Nothing in the record indicated that the victim sustained physical injury. See Karchesky v. State, 591 So. 2d 930 (Fla.1992).
Williams also asserts that he should not have been found guilty of sexual battery with a deadly weapon because he neither possessed nor used the weapon during the crime.
The record discloses that Williams and his co-defendant, Findley, approached the victim in the parking lot of her apartment complex.
The evidence was conflicting as to which of them held the gun when she was forced into her car but it was not disputed that Williams drove the car from the apartment while Findley, holding the gun, forced the victim to perform oral sex, raped her, and fondled her breasts. Williams became a principal in the crime of sexual battery by aiding and abetting Findley. § 777.-011, Fla.Stat. (1991); Taylor v. State, 619 So. 2d 1017 (Fla. 5th DCA 1993).
Williams claims that physical possession of the weapon is a prerequisite for a conviction of this offense. He grounds that contention upon the notion that a minimum mandatory sentence for possession of a firearm after conviction of the crime of robbery cannot be imposed unless the defendant has physically used the gun. The robbery setting, however, is governed by a specific statutory prohibition against the imposition of a minimum mandatory sentence when the crime occurs without a gun.
Hence, the analogy fails. § 775.-087(2); Poiteer v. State, 627 So. 2d 526 (Fla. 2d DCA 1993). In the absence of a special statute to the contrary, Williams was properly convicted and sentenced for the life felony of sexual battery with a deadly weapon based upon his involvement as a principal in the crime.
Affirmed in part; reversed in part; and remanded for resentencing.
PARKER and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Licea, 707 So. 2d 1155 (Fla. 2d DCA 1998)…ses where age has been considered, it generally has been accompanied by a showing of the defendant’s clean record. Even with a clean record, this court has required a greater showing, such as the support of friends and family. See State v. Williams, 637 So. 2d 45, 46 (Fla. 2d DCA 1994). In this case, Licea’s age was not accompanied by any other factor except his girlfriend's pregnancy and the fact that he was a follower rather than a leader. Moreover, Licea’s prior criminal record is not worthy of considera…
-
Jackson v. State, 175 So. 3d 368 (Fla. 3d DCA 2015)…n proof of ... actual possession of ... [a] gun.”); § 810.02(2)(b), Fla. Stat. (1983) (making burglary a first degree felony punishable by life in prison “if, in the course of committing the offense, the offender ... [i]s armed”); State v. Williams, 637 So. 2d 45, 46 (Fla. 2d DCA 1994) (affirming conviction for sexual battery with a deadly weapon based on a principal theory); § 794.011(3), Fla. Stat. (1983) (providing that a person “who commits sexual battery upon a person over the age of 11 years ... and in…
-
Wainwright v. State, 2 So. 3d 948 (Fla. 2008)…law enforcement officers admitting that he drove the victim's vehicle while Hamilton raped her. Wainwright’s actions facilitating Hamilton’s sexual assault establish that Wainwright is guilty as a principal of sexual battery. See State v. Williams, 637 So. 2d 45, 46 (Fla. 2d DCA 1994) (affirming defendant’s conviction as principal for sexual battery with deadly weapon where he drove while codefendant holding gun forced victim to perform oral sex and raped her).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Karchesky v. State, 591 So. 2d 930 (Fla. 1992)
- Poiteer v. State, 627 So. 2d 526 (Fla. 2d DCA 1993)
- State v. Frinks, 555 So. 2d 916 (Fla. 1st DCA 1990)
- Taylor v. State, 619 So. 2d 1017 (Fla. 5th DCA 1993)
- State v. Matlock, 544 So. 2d 244 (Fla. 2d DCA 1989)