Williams v. State, AY-499

Decision Date25 June 1985
Docket NumberNo. AY-499,AY-499
Citation471 So.2d 630,10 Fla. L. Weekly 1563
Parties10 Fla. L. Weekly 1563 Samuel T. WILLIAMS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Patricia Conners, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Williams appeals from the imposition of a sentence outside of the recommended guidelines range. We affirm.

Following jury conviction for aggravated battery with a deadly weapon, the trial judge sentenced Williams to five years imprisonment rather than accepting the recommended scoresheet sentence of 30 months--3 1/2 years.

In departing from the guidelines range, the trial judge checked off three aggravating circumstances and wrote in one additional reason. The court's reasons for departure are:

9. No pretense of moral or legal justification.

11. Has engaged in violent pattern of conduct which indicates a serious danger to society.

32. A lesser sentence is not commensurate with the seriousness of the defendant's crime.

33. Other reasons: Defendant stabed [sic] victim while she was asleep & therefore particularly vulnerable.

Williams raises two points on appeal: (1) the use of a check list of reasons for departure is per se invalid; and (2) the reasons for departure are not clear and convincing as required by Florida Rules of Criminal Procedure 3.701(d)(11).

As to Williams' first point, we stated "[a]lthough ... this court looked with disfavor upon the use of a 'checklist' or 'laundry list' when stating reasons for departing from the sentencing guidelines, the fact that such a list was used does not compel reversal." Napoles v. State, 463 So.2d 478, 479 (Fla. 1st DCA 1985). When a trial judge uses a check list of reasons to depart from the guidelines, the reasons must relate to facts and circumstances of the crime in question. Brooks v. State, 466 So.2d 1182 (Fla. 1st DCA 1985). We therefore proceed to address Williams' second point on appeal: whether the four reasons given by the trial judge are clear and convincing.

We find that three of the four reasons relate to the facts and circumstances in the record and are adequate reasons for departure. See Garcia v. State, 454 So.2d 714 (Fla. 1st DCA 1984); Williams v. State, 454 So.2d 751 (Fla. 1st DCA 1984).

This court has on several occasions held that the first reason offered by the trial judge, "No pretense of moral or legal justification", to be inadequate. Burch v. State, 462 So.2d 548 (Fla. 1st DCA 1985); Alford v. State, 460 So.2d 1000 (Fla. 1st DCA 1984); Brooks v. State, 456 So.2d 1305 (Fla. 1st DCA 1984). We also find this reason inadequate as failing "to relate to anything within the context of the case." Alford v. State, 460 So.2d at 1001.

Although one of the reasons for departure is...

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8 cases
  • Palmer v. State, 85-1283
    • United States
    • Florida District Court of Appeals
    • June 5, 1986
    ...list 1 of reasons to depart, the reasons selected must relate to facts and circumstances of the crime in question. Williams v. State, 471 So.2d 630 (Fla. 1st DCA 1985); Brooks v. State, 466 So.2d 1182 (Fla. 1st DCA 1985). In the instant case, the court failed to state in writing how the "ti......
  • In re LaForce
    • United States
    • U.S. Bankruptcy Court — Southern District of Alabama
    • September 6, 2017
    ... ... Barnfield, 833 So.2d 58, 64 (Ala. Civ. App. 2002). State law determines when/whether property is 577 B.R. 913held by a bankrupt debtor in constructive trust ... ...
  • Smith v. State, AY-203
    • United States
    • Florida District Court of Appeals
    • December 10, 1985
    ...a "laundry list" or "check list" by a trial court in delineating its reasons for departure is per se reversible error. Williams v. State, 471 So.2d 630 (Fla. 1st DCA 1985).4 Factor number 6 in the list of reasons for departure cannot be considered as a "reason", since the import of this sta......
  • Wilson v. State, 85-1158
    • United States
    • Florida District Court of Appeals
    • April 17, 1986
    ...1st DCA 1986); Smith v. State, 479 So.2d 804 (Fla. 1st DCA 1985); Scurry v. State, 472 So.2d 779 (Fla. 1st DCA 1985); Williams v. State, 471 So.2d 630 (Fla. 1st DCA 1985); Alford v. State, 460 So.2d 1000 (Fla. 1st DCA 1984); Brooks v. State, 456 So.2d 1305 (Fla. 1st DCA 1984), approved, 476......
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