Campos v. State, 85-1135
| Decision Date | 28 May 1986 |
| Docket Number | No. 85-1135,85-1135 |
| Citation | 488 So.2d 677,11 Fla. L. Weekly 1273 |
| Parties | 11 Fla. L. Weekly 1273 Lionel CAMPOS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Peter Birch of Birch & Rolle, P.A., West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.
This is another appeal to review a departure from the sentencing guidelines and the extent of the departure.
Appellant was convicted on four counts of robbery with a firearm, two counts of shooting into an occupied vehicle, eight counts of aggravated assault and four counts of simple assault. A sentencing scoresheet was prepared and the recommended sentence was five and one-half to seven years' imprisonment. The sentence imposed was life imprisonment for each count of robbery, fifteen years' imprisonment for each count of shooting at an occupied vehicle, five years' imprisonment for each count of aggravated assault, and sixty days in jail for each count of simple assault, all to run concurrently.
The trial judge reduced his reasons to writing; however, he did so in narrative form so that it is difficult for this court to determine which portions of the narrative he relied upon for departure and which portions are simply descriptive of the scenario. The narrative is set forth hereafter:
During this well-planned bank robbery, this defendant was disguised and armed with a loaded firearm which was openly displayed in a life-threatening way. The numerous bank employees and customers were terrorized and placed in fear, although not physically harmed. After leaving the bank with approximately $26,704 cash, the two defendants travelled south on I-95. As the police took up pursuit, the co-defendant drove the getaway car at speeds over 100 miles per hour in heavy traffic. The defendant (Campos) fired several rounds from an Uzi semi-automatic rifle in the direction of the pursuing police cars and toward a police officer standing on an overpass, endangering not only the police officers but also the lives of many other innocent people travelling on I-95 in Palm Beach County. It was a miracle that no one was injured during the bank robbery and shoot out that occurred during the high speed chase.
The high speed chase culminated in Broward County, but the events occurring in that county were not considered by this court as factors in the sentences imposed herein. The defendant was sentenced for those events by the Circuit Court in Broward County.
(R. 1171). While a narrative description of the crime and attendant circumstances may be helpful, we think it is imperative in any event for the trial judge to list the...
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Johnson v. State, 85-2725
...and convincing reason to depart in the absence of a special trauma. Grant v. State, --- So.2d ---- (Fla. 4th DCA 1987); Campos v. State, 488 So.2d 677 (Fla. 4th DCA 1986); Knowlton v. State, 466 So.2d 278 (Fla. 4th DCA), rev. denied, 476 So.2d 675 A victim's age may be a valid consideration......
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Lumpkin v. State, 86-3058
...is an inherent element of armed robbery and is, therefore, not a clear and convincing reason for upward departure. Campos v. State, 488 So.2d 677 (Fla. 4th DCA 1986); Knowlton v. State, 466 So.2d 278 (Fla. 4th DCA), review denied, 476 So.2d 675 (Fla.1985); Carney v. State, 458 So.2d 13 (Fla......
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Walker v. State, 86-1487
...hardship on victim invalid because virtually all theft and burglary victims are subject to economic hardship); Campos v. State, 488 So.2d 677 (Fla. 4th DCA 1986) (relies on Knowlton v. State, 466 So.2d 278 (Fla. 4th DCA), review denied, 476 So.2d 675 (Fla.1985) which holds error to depart o......
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Grant v. State, s. 85-91
...in the case sub judice because the victim's trauma was greater than that usually associated with a "simple robbery." Campos v. State, 488 So.2d 677 (Fla. 4th DCA 1986); Davis v. State, 458 So.2d 42 (Fla. 4th 1984), decision approved, 477 So.2d 565 (Fla.1985); cf. Knowlton v. State, 466 So.2......