Shelton v. State, 86-125
| Decision Date | 29 July 1987 |
| Docket Number | No. 86-125,86-125 |
| Citation | 12 Fla. L. Weekly 1850,510 So.2d 1068 |
| Parties | 12 Fla. L. Weekly 1850 Wilbert Junior SHELTON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.
Wilbert Junior Shelton appeals from his conviction and sentences for sexual battery, robbery, and burglary of a dwelling. He argues that the trial court erred in departing from the sentencing guidelines and in assessing certain costs against him. We find that the trial court erred in assessing the costs, but we affirm the judgment and sentences in all other respects.
The appellant was tried by jury and found guilty of sexual battery, robbery, and burglary of a dwelling as charged. The trial court departed from the presumptive guidelines range of seventeen to twenty-two years and sentenced the appellant to fifteen years in prison for the sexual battery, a concurrent term of five years for the robbery, and a consecutive term of fifteen years for the burglary. The appellant was also required to pay $10 to the Crimes Compensation Trust Fund, $2 pursuant to section 943.25(8), $1175.50 in additional court costs, and an $805 public defender's lien to be paid within five years from his release.
In departing from the sentencing guidelines, the trial court gave the following written reasons in support of its decision.
1. Guidelines do not give sufficient weight to prior record due to length and number of prior offenses.
2. Defendant is approximately 22 has actually been incarcerated approximately 5 years since March 1979--still accumulated 10 charges--this time period. After release in 1983 had felony charge and misdemeanor within one month. Current offenses occurred within four months of most recent release.
3. Two prior sexual batteries or attempts--need protect society--containment.
The appellant argues that the trial court's reasons for departure are impermissible under Hendrix v. State, 475 So.2d 1218 (Fla.1985), which prohibits consideration of factors already included on the scoresheet, and under Scurry v. State, 489 So.2d 25 (Fla.1986), which prohibits the trial court from departing from the guidelines because it disagrees with the presumptive guidelines sentence.
A review of the record and the trial court's oral pronouncement of its reasons for departure shows that the trial court used the appellant's extensive criminal history including unscored juvenile offenses, the timing of the offenses, and the repetitive nature of the offenses as its basis for departure. The court noted that: the appellant was committed at the age of fourteen for aggravated battery, armed burglary, sexual battery, and the burglary of a business; at age sixteen he was sentenced to five years as an adult for attempted sexual battery; within a month of his release, he was convicted of loitering, prowling, and grand theft and was sentenced to two years; four months after his release, he committed the subject offenses. Taken as a whole the reasons reflect the trial court's intention to base departure on the...
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Powell v. State, 86-499
...the timing of the offenses, may provide a valid basis for departure. Williams v. State, 504 So.2d 392, 393 (Fla.1987); Shelton v. State, 510 So.2d 1068 (Fla. 2d DCA 1987). Clearly, a departure may not be based upon a factor already considered in arriving at a presumptive guidelines sentence......
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McMillan v. State, 87-1933
...for departure. See Williams v. State, 504 So.2d 392 (Fla.1987); Brockington v. State, 506 So.2d 495 (Fla.5th DCA 1987); Shelton v. State, 510 So.2d 1068 (Fla.2d DCA 1987); Harmon v. State, 506 So.2d 500 (Fla.1st DCA 1987). The crime in this instance occurred shortly after the defendant's re......
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Davis v. State, 86-1003
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Shelton v. State
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