Carter v. State

Decision Date20 August 1986
Citation494 So.2d 1149
PartiesCarter (Pamela Sue) v. State NO. 68,824
CourtFlorida Supreme Court

Appeal From: 4th DCA

485 So.2d 1292

Rev. den.

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4 cases
  • Felts v. State, BJ-413
    • United States
    • Court of Appeal of Florida (US)
    • January 14, 1988
    ...... 1 . Page 997 .         Appellant contends that the last two reasons were improper because an attempt to avoid arrest by fleeing is an insufficient reason for departure, citing Carter v. State, 485 So.2d 1292 (Fla. 4th DCA), rev. den., 494 So.2d 1149 (Fla.1986), and that these reasons constituted various crimes of which he was not convicted, citing Trainor v. State, 468 So.2d 484 (Fla. 2d DCA 1985), and Pursell v. State, 483 So.2d 94 (Fla. 2d DCA 1986). He asserts that, ......
  • Bryant v. State
    • United States
    • United States State Supreme Court of Florida
    • October 9, 2014
    ...(Fla. 1st DCA 1987) ; Royal v. State, 508 So.2d 1313 (Fla. 2d DCA 1987) ; Carter v. State, 485 So.2d 1292 (Fla. 4th DCA), rev. denied, 494 So.2d 1149 (Fla.1986) ). We further observed that some district courts were distinguishing “the situation where the only reason given for departure was ......
  • Shull v. Dugger
    • United States
    • United States State Supreme Court of Florida
    • November 25, 1987
    ...... The First District Court of Appeal reversed petitioner's sentence and remanded for resentencing. Shull v. State, 512 So.2d 1021 (Fla. 1st DCA 1987). The state then moved to stay the district court's mandate and persuaded the court to certify the following ...State, 492 So.2d 1308 (Fla.1986); Foister v. State, 510 So.2d 371 (Fla. 1st DCA 1987); Royal v. State, 508 So.2d 1313 (Fla. 2d DCA 1987); Carter v. State; 485 So.2d 1292 (Fla. 4th DCA), rev. denied, 494 So.2d 1149 (Fla.1986).         Some of our district courts, however, have ......
  • Allen v. State, 4-86-1650
    • United States
    • Court of Appeal of Florida (US)
    • June 17, 1987
    ...... although injury inflicted upon sleeping victim as a factor alone is not valid reason for departure, in this case, there are other factors supporting departure; although emotional and financial suffering of victim's family is not valid reason for departure in murder or sexual battery crimes, Carter v. State, 485 So.2d 1292, 1295 (Fla. 4th DCA), rev. denied, 494 So.2d 1149 (Fla.1986), Connell v. State, 502 So.2d 1272 (Fla. 2d DCA 1987), in this case the emotional hardship and destruction of the family unit are not inherent components of the crime of robbery, as they are in the crimes of murder ......

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