Waychoff v. State, 91-02736
| Decision Date | 22 September 1993 |
| Docket Number | No. 91-02736,91-02736 |
| Parties | 18 Fla. L. Weekly D2114 Susan WAYCHOFF, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Julius Aulisio, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellee.
Susan Waychoff appeals her sentences for attempted second-degree murder, aggravated battery, and armed burglary of a dwelling. She contends that the trial court incorrectly scored points for victim injury and departed from the sentencing guidelines for impermissible reasons. We approve the scoring of points for victim injury, but reverse the departure sentences and remand for resentencing within the guidelines.
On April 29, 1991, Ms. Waychoff pleaded guilty to one count of attempted second-degree murder (count I), aggravated battery, and armed burglary of a dwelling. Count II, another attempted second-degree murder charge, was nolle prossed. There was no agreement as to the length of her sentences.
Prior to sentencing, defense counsel reviewed the state's sentencing memorandum and did not object to or otherwise contest the facts as stated in that memorandum, and which we summarize below:
The main victim, Corchado, and Waychoff were neighbors in a trailer park. On occasion Corchado would baby-sit Waychoff's children. One evening Waychoff left her daughter with Corchado and did not return all night. Corchado remained outside his trailer all night waiting for Waychoff's return.
Waychoff was the subject of complaints to HRS for her general lack of supervision of her children. Pursuant to an HRS investigation, the incident where her daughter was left with Corchado all night was mentioned to Waychoff. John Holcomb, Waychoff's boyfriend, was present when the subject was mentioned.
Waychoff responded that Corchado raped her. She made this allegation in the presence of both Holcomb and her nine-year-old daughter. Waychoff had never previously reported to any law enforcement agency that Corchado had raped her and as yet has never filed a formal report. The HRS investigator did not believe that her allegations were truthful, but thought that they were made in retaliation for the neglect complaint.
On December 8, 1990, Susan Waychoff, Holcomb, Billy Heath, and Merle Smith left a bar accompanied by Nona McNutt, and went in Smith's truck to the trailer park where Corchado lived. Heath drove. Smith and Holcomb went into Corchado's trailer armed with metal bats. The others remained in the car. McNutt heard the sounds of fighting coming from the trailer.
When Smith and Holcomb returned, they all went back to Holcomb's trailer. Waychoff stated that there must be some money, so they all went back to the trailer park to look for money in the trailer. Heath again drove the truck, but this time instead of parking in the trailer park, he parked behind it. Smith and Holcomb again went into Corchado's trailer. They were gone for about half an hour. When they returned, they reported that there were now two people in the trailer, and that they did not find any money. Everyone then returned to Holcomb's trailer.
Waychoff, Holcomb, and Heath then left to go to the victim's trailer for a third time, purportedly to get Waychoff an apology from Corchado. McNutt and Smith stayed at Holcomb's trailer.
William Dale Roy, a neighbor of Corchado, was wakened about 4 a.m. by the sounds of crashing and yelling coming from Corchado's trailer. He called 911, and then went to Corchado's trailer. When he opened the door to the trailer, he saw Holcomb, Waychoff, and Heath inside. Heath and Holcomb had metal bats. Roy was chased from the trailer and was hit in the kidneys and back, the ribs and face. The blows to him fractured two ribs and broke two of his teeth. During the attack on Roy, Susan Waychoff slapped him repeatedly. Waychoff, Holcomb, and Heath returned to their trailer park and washed the bats.
When the sheriff's deputies arrived, they found Corchado and Ronnie Newman unconscious in the trailer. There was blood and blood splatter throughout the trailer. These men were immediately transported to Tampa General Hospital where they were treated. Newman sustained fractured ribs, multiple lacerations to his face, and has brain damage as a result of the attacks. Corchado suffered massive head injuries and both of his arms and legs were broken.
The trial court sentenced Ms. Waychoff to 15 years' imprisonment on attempted second-degree murder; 10 years' consecutive imprisonment on aggravated battery; and 20 years' consecutive probation on armed burglary of a dwelling. Ms. Waychoff's recommended sentence under the guidelines was 7 to 12 years' imprisonment, with a permitted range of 3 to 17 years. The trial court provided the following written reasons for departure:
1. Egregious nature of Ms. Waychoff's conduct during the...
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