EMMETT BLACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Upward Departure cases and more on FLexlaw
GUNTHER, Chief Judge.
We reverse and vacate appellant’s conviction of and sentence for burglary. All of the elements of burglary are included in the offense of home invasion robbery, of which appellant was also convicted. See § 775.021(4)(b)l Fla. Stat. (1995); Sirmons v. State, 634 So. 2d 153, 155 (Fla.1994) (Kogan, J., concurring); Cf. Elmy v. State, 667 So. 2d 392 (Fla. 1st DCA 1995).
We remand for preparation of a new and accurate sentencing guidelines scoresheet and resentencing of appellant based on the remaining offenses of which he was adjudicated guilty. We note that of the several reasons for upward departure previously stated, none with the possible exception of an escalating pattern of criminal conduct appeared to be sufficient in light of the record. See State v. Mischler, 488 So. 2d 523, 525 (Fla.1986). As to what constitutes an escalating pattern of criminal conduct, see State v. Darrisaw, 660 So. 2d 269 (Fla.1995); Miller v. State, 669 So. 2d 1118 (Fla. 4th DCA 1996).
REVERSED AND REMANDED.
GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (18 total)
-
Est. OF Beulah Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005)…2 (Fla. 3d DCA 1997) (“Pursuant to Florida Statute section 768.72 (1995), a punitive damage claim can be supported by a proffer of evidence. A formal eviden-tiary hearing is not mandated by the statute.”) (citation omitted); Strasser v. Yalamanchi, 677 So. 2d 22, 23 (Fla. 4th DCA 1996) (“[A]n evidentiary hearing is not mandated by the statute before a trial court has authority to permit an amendment. Pursuant to section 768.72(1), a proffer of evidence can support a trial court’s determination.”); Will v. S…
-
Cleveland Clinic Fla. Health Sys. Nonprofit Corp. v. Oriolo, 357 So. 3d 703 (Fla. 4th DCA 2023)…. 3d 826, 829 (Fla. 3d DCA 2022). 1 1 Previously, certiorari review was the sole avenue for determining whether the procedural requirements of the statute governing the pleading of punitive damages claims had been followed. Strasser v. Yalamanchi, 677 So. 2d 22, 23 (Fla. 4th DCA 1996) (citing Globe Newspaper Co. v. King, 658 So. 2d 518, 520 (Fla. 1995)). A recent amendment to Florida Rule of Appellate Procedure 9.130 We reverse for two reasons. First, the proffered evidence at the hearing failed to sh…
-
Elsner v. E-Commerce Coffee Club, 126 So. 3d 1261 (Fla. 4th DCA 2013)…overy from a party. For example, we have not required an evidentiary hearing where a court has allowed a punitive damage claim and the accompanying broad financial discovery that is permitted from the party in that situation. Strasser v. Yalamanchi, 677 So. 2d 22, 23 (Fla. 4th DCA 1996). All that is required is a “reasonable evidentia-ry basis” to allow the punitive damage claim to go forward. Henn v. Sandler, 589 So. 2d 1334, 1335 (Fla. 4th DCA 1991). The financial information requested here is relevant to…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- Sirmons v. State, 634 So. 2d 153 (Fla. 1994)
- State v. Darrisaw, 660 So. 2d 269 (Fla. 1995)
- Elmy v. State, 667 So. 2d 392 (Fla. 1st DCA 1995)
- Miller v. State, 669 So. 2d 1118 (Fla. 4th DCA 1996)