STATE OF FLORIDA, APPELLANT,

v.

JOHN W. VAUGHN, APPELLEE

Citator

Cited By

• State v. Powell, 703 So. 2d 444 (Fla. 1997)
  …SHAW, Justice. We have for review State v. Powell, 696 So. 2d 789 (Fla. 2d DCA 1997), wherein the court certified the following two questions: 1. IF THERE EXISTS A VALID REASON FOR A DOWNWARD DEPARTURE, MAY A TRIAL COURT IMPOSE A TRUE SPLIT SENTENCE IN WHICH THE ENTIRE PERIOD OF INCARCERATION IS SUSPENDED? 2. MA…
• State v. Bernard, 744 So. 2d 1134 (Fla. 2d DCA 1999)
  …rse with this child in an unsophisticated manner. The only reason with any evidentia-ry support is that the probationary sentence Mr. Bernard received was in line [*1136] with the victim’s wishes. We examined a similar situation in State v. Powell, 696 So. 2d 789, 791 (Fla. 2d DCA), approved, 703 So. 2d 444 (Fla.1997), a case involving domestic violence. The defendant, violently angered by an argument with his ex-girlfriend, who was his son’s mother, committed an act of nonconsensual sexual intercourse. She…
• State v. McLAREN, 763 So. 2d 1171 (Fla. 4th DCA 2000)
  …question of whether a victim’s request for leniency can be a proper reason for a departure sentence is an open issue since the specific reasons enumerated in the statute are not intended to be exhaustive. See § 921.0016, Fla. Stat.; State v. Powell, 696 So. 2d 789, 791 (Fla. 2d DCA 1997)(finding it unnecessary to decide the “difficult issue” of whether a victim’s request for leniency could ever justify a departure sentence since other valid reasons existed to support the departure); State v. Ussery, 543 So. 2…