Baldwin v. State, 85-1985
| Decision Date | 13 August 1986 |
| Docket Number | No. 85-1985,85-1985 |
| Citation | 11 Fla. L. Weekly 1789,494 So.2d 503 |
| Parties | 11 Fla. L. Weekly 1789 Jerome Roosevelt BALDWIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.
The trial judge here departed upwards from the guidelines during a sentencing hearing based upon a third-degree murder conviction because "the defendant committed the offense by using a .38 caliber handgun firearm." He also based the departure on two other reasons discussed hereafter. We reverse and remand for resentencing.
The guidelines have already assigned the number of points to be scored for murder. All murders require the use of a weapon, even if that weapon is but a silk stocking, or even hands, employed for strangulation. We cannot allow the murder weapon, per se, to support aggravation, though the manner in which it is used might do so under certain circumstances. See Scurry v. State, 489 So.2d 25 (Fla.1986), wherein the use of a rifle was rejected as a reason to depart from the guidelines.
Another reason given for departure was that "the guidelines recommendation of 3-7 years incarceration is insufficient for retribution, deterrence or rehabilitation and for the safety of the public." While we might agree personally with this pronouncement, we must nonetheless reverse. As the Supreme Court recently held, "the fact that [the defendant] 'has engaged in a violent pattern of conduct which indicates a serious danger to society' is not a clear and convincing reason for departure under the facts of this case." See Williams v. State, 492 So.2d 1308 (Fla.1986).
Finally, the trial judge justified departure because "the evidence clearly established that the defendant was dealing in cocaine when he shot and killed the victim." There is nothing in the record to suggest that the defendant's activities as a drug dealer were factored into the scoresheet. Drug dealers are despicable. They tear the precious fabric of our society, bringing chaos to our criminal justice system and often, as in this case, death. Dealing in cocaine, therefore, should be a clear and convincing reason for departure unless the conviction is for that very reason. However, a reading of the current...
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Hall v. State
...the fact that a dangerous weapon was used in the commission of this crime is not a valid ground to aggravate. Baldwin v. State, 494 So.2d 503 (Fla. 4th DCA 1986); Whitfield v. State, 490 So.2d 1358 (Fla. 5th DCA 1986); Bowdoin v. State, 464 So.2d 596 (Fla. 4th DCA 1985). The nature of the w......
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...201 [Fla. 2nd DCA 1986]. The suggested guidelines sentence is insufficient for his rehabilitation or deterence (sic). Baldwin v State, 494 So2d 503 [Fla. 4th DCA 1986]. The conduct and method of this HOME INVASION Burglary was so outrageous and contemptible in and of itself, so as to demand......
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Huhn v. State
...1984). This court has not agreed, however, and the Florida Supreme Court has vindicated its view. Most recently, in Baldwin v. State, 494 So.2d 503 (Fla. 4th DCA 1986), this court called attention to Williams v. State, 492 So.2d 1308 (Fla.1986), in which the Florida supreme court shot down,......
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Platt v. State, 87-0510
...recommended guidelines range are valid reasons for departure. See Smith v. State, 484 So.2d 649 (Fla. 4th DCA 1986); Baldwin v. State, 494 So.2d 503 (Fla. 4th DCA 1986). Accordingly, we reverse and remand for resentencing within the HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur. ...