Ballard v. State
| Decision Date | 01 April 1986 |
| Citation | 488 So.2d 67 |
| Parties | Ballard (Marvin) v. State NO. 68,122 |
| Court | Florida Supreme Court |
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3 cases
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Salas v. State
... ... Here the record discloses not only a pattern of increasing criminal conduct, but also an increase in the nature and severity of the ... crimes. See Keys v. State, 500 So.2d 134 (Fla.1986); Gales v. State, 515 So.2d 431 (Fla. 4th DCA 1987); Ballard v. State, 501 So.2d 1285 (Fla. 4th DCA), review denied, 488 So.2d 67 (Fla.1986). We further hold that appellant's failure to rehabilitate himself constitutes a valid reason for departure. See Robinson v. State, 530 So.2d 1085 (Fla. 4th DCA 1988); McMillan v. State, 516 So.2d 1064 (Fla. 4th DCA ... ...
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Ree v. State, 4-86-0650
... ... See Spivey v. State, 481 So.2d 100 (Fla. 3d DCA 1986). The state concedes, however, that the third reason was invalid; and although the fourth reason (trend toward criminality of increasing severity), could have been valid, Ballard v. State, 501 So.2d 1285 (Fla. 4th DCA), rev. denied, 488 So.2d 67 (Fla.1986), it was not sufficiently supported by the evidence. Since the state has not shown beyond a reasonable doubt that the absence of the two invalid reasons for departure would not have affected the sentence, we must reverse ... ...
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Braggs v. State, 87-883
... ... 1st DCA 1984). Two of the three remaining reasons for departure were also valid when considered together--namely, that "this defendant has been shown to be unamenable to rehabilitation," and that "the defendant has failed to respond to alternative treatment programs." Ballard v. State, 501 So.2d 1285 (Fla. 4th DCA), rev. denied, 488 So.2d 67 (Fla.1986); Burch v. State, 462 So.2d 548 (Fla. 1st DCA), aff'd, 476 So.2d 663 (Fla.1985). The final reason for departure: that "this sentence will more appropriately reflect the need to protect society and exact appropriate ... ...