State v. Cote
| Decision Date | 03 April 1986 |
| Docket Number | No. 67166,67166 |
| Citation | 11 Fla. L. Weekly 137,487 So.2d 1039 |
| Parties | 11 Fla. L. Weekly 137 STATE of Florida, Petitioner, v. Paul Joseph COTE, Respondent. |
| Court | Florida Supreme Court |
Jim Smith, Atty. Gen. and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for petitioner.
Richard L. Jorandby, Public Defender and Anthony Calvello, Asst. Public Defender, West Palm Beach, for respondent.
We have for review Cote v. State, 468 So.2d 1019 (Fla. 4th DCA 1985), which expressly and directly conflicts with prior decisions of other district courts of appeal and this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
We approve of the district court's decision insofar as it remands this cause to the trial court with directions to either provide a written statement delineating the reasons for departure or to resentence appellant. State v. Jackson, 478 So.2d 1054 (1985).
Due to the fact that this cause will be remanded to the trial court, we will discuss that portion of the district court opinion which holds that emotional and psychological impact on the victim may constitute a clear and convincing reason to support a departure sentence in an aggravated assault case. We find that it may not.
A court cannot use an inherent component of the crime in question to justify departure. Baker v. State, 466 So.2d 1144 (Fla. 3d DCA 1985). Under Florida law, an essential element of the crime of assault and aggravated assault is that the defendant create a "well-founded fear" in the victim. § 784.011(1), 784.021, Fla. Stat. (1984). Hence the causing of fear and resulting creation of psychological trauma is by statutory definition an inherent component of the crime of aggravated assault for which Cote was convicted.
Accordingly, we approve the result reached by the district court.
It is so ordered.
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Lumpkin v. State, 86-3058
...a discernible physical manifestation resulting from the psychological trauma." Rousseau, 509 So.2d at 284 (Fla.1987); see State v. Cote, 487 So.2d 1039 (Fla.1986); Tompkins v. State, 483 So.2d 115 (Fla. 2d DCA 1986). Cf. Casteel v. State, 498 So.2d 1249 (Fla.1986) (emotional trauma valid gr......
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Abt v. State, 4-86-1003
...(Fla. 4th DCA May 7, 1986); Knowlton v. State, 466 So.2d 278 (Fla. 4th DCA), rev. denied, 476 So.2d 675 (Fla.1985). See also State v. Cote, 487 So.2d 1039 (Fla.1986); Snead v. State, 504 So.2d 550 (Fla. 4th DCA 1987). The fourth reason is invalid. State v. Mischler, 488 So.2d 523 (Fla.1986)......
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Abt v. State
...and rejected the substance of this assertion. Abt, 504 So.2d at 550. See also State v. Mischler, 488 So.2d 523 (Fla.1986); State v. Cote, 487 So.2d 1039 (Fla.1986); Massard v. State, 501 So.2d 1289 (Fla. 4th DCA 1986), rev. dismissed, 504 So.2d 403 Reasons 4, 5, 6 and 7 are new reasons give......
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State v. Rousseau
...to the victim as a reason justifying departure when such trauma is an inherent component of the crime. For example, in State v. Cote, 487 So.2d 1039 (Fla.1986), the defendant was convicted of aggravated assault. We rejected the use of psychological trauma to the victim as a valid reason for......