Williams v. State, No. 68505

CourtUnited States State Supreme Court of Florida
Writing for the CourtEHRLICH; McDONALD, C.J., OVERTON, SHAW and BARKETT, JJ., and ADKINS
Citation12 Fla. L. Weekly 132,504 So.2d 392
Docket NumberNo. 68505
Decision Date19 March 1987
Parties12 Fla. L. Weekly 132 Jessie WILLIAMS, III, Petitioner, v. STATE of Florida, Respondent.

Page 392

504 So.2d 392
12 Fla. L. Weekly 132
Jessie WILLIAMS, III, Petitioner,
v.
STATE of Florida, Respondent.
No. 68505.
Supreme Court of Florida.
March 19, 1987.

Michael E. Allen, Public Defender, Second Judicial Circuit, Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Jr., Atty. Gen., Henri C. Cawthon, Raymond L. Marky, Asst. Attys. Gen., Tallahassee, for respondent.

EHRLICH, Justice.

We have for review a sentencing guidelines decision, Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986), because of apparent conflict with this Court's decision in Hendrix v. State, 475 So.2d 1218 (Fla.1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution and approve the decision below.

Williams pled guilty to aggravated battery and burglary of a dwelling with an assault. The trial judge departed from the presumptive guidelines range of four and one-half to five and one-half years, imposing two ten-year concurrent terms. The trial judge gave the following written reasons for departure:

1. The Defendant as a juvenile was committed to the Department of HRS for the offense of Arson dated January 11, 1977. He was committed also in Case No. 76-466 for Arson and Burglary of an Occupied Dwelling, and again committed for Shoplifting dated August 18, 1978. At age eighteen (18) years, the Defendant

Page 393

was sentenced to Department of Corrections for three (3) years for Burglary of a Structure dated February 19, 1979 and paroled September 16, 1980. He was charged with violation of his parole on March 3, 1981 having only been out of prison for some six months. On July 10, 1981 the Defendant was again sentenced to the Department of Corrections on the offense of Attempted Burglary for five (5) years. On December 10, 1983 he was discharged as to that sentence and after only approximately ten (10) months committed the instant offense on October 6, 1984.

2. The continuing criminal behavior since the Defendant's age of sixteen years demonstrates his total disregard for the rehabilitative efforts of the past dispositions for his criminal behavior. There is no hope for rehabilitation of this individual.

3. The Defendant served approximatley fourteen (14) months on his first three (3) year Department of Corrections sentence and some twenty-nine (29) months on the five (5) year Department of Corrections sentence. Under sentencing guidelines for standing convicted of Burglary of a Dwelling with...

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102 practice notes
  • Lipscomb v. State, No. 89-213
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1991
    ...egregious. Timing was considered sufficiently egregious to warrant departure. The same unanimous court told us in Williams v. State, 504 So.2d 392 (Fla.1987), receded from Gibson v. State, 553 So.2d 701 (Fla.1989) that it was appropriate to base a departure from the guideline range when sen......
  • Robinson v. State, No. 87-0562
    • United States
    • Court of Appeal of Florida (US)
    • September 14, 1988
    ...is a valid reason to depart because it was not previously factored into the presumptive sentence. See, e.g., (Jessie) Williams v. State, 504 So.2d 392 (Fla.1987); Allen v. State, 522 So.2d 850 (Fla. 4th DCA), rev. denied, 518 So.2d 1273 (Fla.1987); McMillan v. State, 516 So.2d 1064 (Fla. 4t......
  • Morgan v. State, No. 88-1196
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1989
    ...An extensive record of juvenile adjudications may provide sufficient reason for departure from the guidelines, Williams v. State, 504 So.2d 392 (Fla.1987); Musgrove v. State, 524 So.2d 715 (Fla. 1st DCA 1988), but three prior juvenile convictions are insufficient to support departure. Blue ......
  • Lago v. State, No. 90-1334
    • United States
    • Court of Appeal of Florida (US)
    • July 2, 1991
    ...persistent pattern of criminal conduct, which is supported by the record. State v. Jones, 530 So.2d 53, 55 (Fla.1988); Williams v. State, 504 So.2d 392 (Fla.1987); Keys v. State, 500 So.2d 134 The other three reasons advanced by the trial court are, in my view, either invalid or doubtful as......
  • Request a trial to view additional results
102 cases
  • Lipscomb v. State, No. 89-213
    • United States
    • Court of Appeal of Florida (US)
    • January 31, 1991
    ...egregious. Timing was considered sufficiently egregious to warrant departure. The same unanimous court told us in Williams v. State, 504 So.2d 392 (Fla.1987), receded from Gibson v. State, 553 So.2d 701 (Fla.1989) that it was appropriate to base a departure from the guideline range when sen......
  • Robinson v. State, No. 87-0562
    • United States
    • Court of Appeal of Florida (US)
    • September 14, 1988
    ...is a valid reason to depart because it was not previously factored into the presumptive sentence. See, e.g., (Jessie) Williams v. State, 504 So.2d 392 (Fla.1987); Allen v. State, 522 So.2d 850 (Fla. 4th DCA), rev. denied, 518 So.2d 1273 (Fla.1987); McMillan v. State, 516 So.2d 1064 (Fla. 4t......
  • Morgan v. State, No. 88-1196
    • United States
    • Court of Appeal of Florida (US)
    • October 17, 1989
    ...An extensive record of juvenile adjudications may provide sufficient reason for departure from the guidelines, Williams v. State, 504 So.2d 392 (Fla.1987); Musgrove v. State, 524 So.2d 715 (Fla. 1st DCA 1988), but three prior juvenile convictions are insufficient to support departure. Blue ......
  • Lago v. State, No. 90-1334
    • United States
    • Court of Appeal of Florida (US)
    • July 2, 1991
    ...persistent pattern of criminal conduct, which is supported by the record. State v. Jones, 530 So.2d 53, 55 (Fla.1988); Williams v. State, 504 So.2d 392 (Fla.1987); Keys v. State, 500 So.2d 134 The other three reasons advanced by the trial court are, in my view, either invalid or doubtful as......
  • Request a trial to view additional results

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