Vandeneynden v. State, 85-418
| Decision Date | 07 November 1985 |
| Docket Number | No. 85-418,85-418 |
| Citation | 478 So.2d 429,10 Fla. L. Weekly 2495 |
| Parties | 10 Fla. L. Weekly 2495 David S. VANDENEYNDEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
William N. DeCarlis, P.A., Gainesville, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.
David S. Vandeneynden appeals the departure guidelines sentence he received from his conviction of aggravated battery with a deadly weapon not a firearm.
Vandeneynden's score sheet revealed a total score of 203 points, giving him a recommended sentence of four-and-a-half to five-and-a-half years' incarceration. The lower court departed from the guidelines sentence and sentenced him to fifteen years' incarceration. The trial court stated its reasons for departure, as follows:
The defendant, David S. Vandeneynden, pleaded guilty to aggravated battery with a deadly weapon not a firearm, thereby eliminating the minimum mandatory sentence of three years. This defendant shot another human being with premeditated design. His prior criminal record indicates that he is a dangerous offender who needs to be removed from society. He has a prior adult record dating back to 1965. His record includes petit theft, grand theft, burglary, possession of dangerous drugs, forgery, bank robbery and escape. He has clearly demonstrated that he cannot live within the framework of a free society and abide by its laws. Aggravated battery is one of the most dangerous offenses proscribed by our lawmakers. Conviction of aggravated battery, particularly by a prior felon, aggravates a situation in the mind of the public; therefore, this Court finds and determines that it is necessary to go outside the sentencing guidelines and impose a sentence accordingly.
The Florida Supreme Court has recently held that when a departure sentence is grounded on both permissible and impermissible reasons, the sentence should be reversed and the case remanded for resentencing unless the state is able to show beyond a reasonable doubt that the absence of impermissible reasons would not have affected the departure sentence. See Brinson v. State, 476 So.2d 162 (Fla.1985); Brooks v. State, 476 So.2d 163 (Fla.1985); State v. Carney, 476 So.2d 165 (Fla.1985); State v. Young, 476 So.2d 161 (Fla.1985); Albritton v. State, 476 So.2d 158 (Fla.1985). In the present case, the trial court's justification for departing from the guidelines sentence was based on the prior record of Vandeneynden, the nature of the offense for which he was convicted, and the nature of the offense with which he was charged but not convicted. There was no proper basis for departure. See Hendrix v. State, 475 So.2d 1218 (Fla.1985). Accordingly, this case must be...
To continue reading
Request your trial
-
Hlad v. State
...case. See e.g., Blanton v. State, 546 So.2d 1181 (Fla. 5th DCA 1989), cause dismissed, 551 So.2d 460 (Fla.1989); Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985); Ousley v. State; Webb v. State, 560 So.2d 1226 (Fla. 2d DCA 1990); State v. Troehler; and Fla.R.Crim.P. 3.850.14 This ma......
-
Erickson v. State
...3.701(d)(5)(a), and may therefore be properly scorable. See Spann v. State, 550 So.2d 164, 166 (Fla. 2d DCA 1989); Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985). We therefore affirm the judgment of conviction of indecent assault on a child under sixteen, but vacate the sentence a......
-
Degroat v. State, 85-1313
...DCA 1985); Dirk v. State, 479 So.2d 265 (Fla. 5th DCA 1985); Sanchious v. State, 478 So.2d 1191 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985). ...
-
Ruland v. State, s. 91-2834
...range would remain the same, and any error here was harmless. Davis v. State, 565 So.2d 826 (Fla. 5th DCA 1990); Vandeneynden v. State, 478 So.2d 429 (Fla. 5th DCA 1985); see Peeples v. State, 575 So.2d 316 (Fla. 2d DCA 1991); Pire v. State, 575 So.2d 299 (Fla. 4th DCA Affirmed. ...