Cason v. State, BE-238
| Decision Date | 30 January 1986 |
| Docket Number | No. BE-238,BE-238 |
| Parties | 11 Fla. L. Weekly 298 William D. CASON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Okaloosa County; Erwin Fleet, judge.
Michael Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., John M. Koenig, Jr., Asst. Atty. Gen., for appellee.
Cason appeals a sentence imposed outside the sentencing guidelines on the ground that the trial court did not express clear and convincing reasons for the departure. We find that, of the six reasons stated by the trial court, reasons one (extensive arrest record and numerous prior convictions) and five (deterrence of others) are invalid; the remaining four are proper. There being no reasonable doubt that a different sentence would be imposed on remand, see Albritton v. State, 476 So.2d 158 (Fla.1985), we affirm.
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Bailey v. State, BE-403
...record, Battles v. State, 483 So.2d 849 (Fla. 1st DCA 1986);An extensive arrest record and numerous prior convictions, Cason v. State, 481 So.2d 1006 (Fla. 1st DCA 1986);"Chances for rehabilitation are nil", Scobee v. State, 488 So.2d 595 (Fla. 1st DCA ...
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Mitchell v. State, BJ-113
...similar acts has also been held invalid as a reason for departure. Smith v. State, 482 So.2d 469 (Fla. 5th DCA 1986); Cason v. State, 481 So.2d 1006 (Fla. 1st DCA 1986). Thus, of the five reasons given for departure, only one is valid. In most cases, this would merit reversal without furthe......