Ashley v. State

Ashley v. State, 510 So. 2d 970 (Fla. Dist. Ct. App. 1987)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: July 2, 1987
Docket: No. 86-1879
Judges: Cobb
Citations: 510 So. 2d 97012 Fla. L. Weekly 1615

Cited by 7

Opinion

510 So.2d 970 (1987)

Vincent ASHLEY, Appellant,

STATE of Florida, Appellee.

No. 86-1879.

District Court of Appeal of Florida, Fifth District.

July 2, 1987. Rehearing Denied August 11, 1987.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Vincent Ashley appeals his departure guidelines sentence on the basis that the trial court did not provide clear and convincing reasons for the departure. The trial court's bases for departure can be summarized as follows:

1. The defendant's probationary status at the time of the offense;

2. The defendant's unamenability to rehabilitation;

3. The defendant's habitual offender status;

4. The defendant's prior admission to participation in a first-degree murder, armed robbery, attempted armed robbery and burglary of a dwelling, for which he had been granted immunity;

5. Escalating pattern of criminal conduct;

6. The defendant's behavior in prison;

7. That the defendant poses a threat to society.

*971 Of these seven reasons given for departure, only two are proper: The defendant's unamenability to rehabilitation and his escalating pattern of criminal conduct. See Keys v. State, 500 So.2d 134 (Fla. 1986); Allen v. State, 12 FLW 1055 (Fla. 4th DCA June 17, 1987); McNealy v. State, 502 So.2d 54 (Fla. 2d DCA 1987); Leath v. State, 487 So.2d 384 (Fla. 4th DCA 1986); Lee v. State, 486 So.2d 709 (Fla. 5th DCA 1986); Keen v. State, 481 So.2d 1274 (Fla. 5th DCA 1986). Thus, this case is remanded for the trial court to consider whether it would depart from the recommended guidelines sentence regardless of the existence of the invalid reasons. See Albritton v. State, 476 So.2d 158 (Fla. 1985).

REVERSED and REMANDED.

DAUKSCH and ORFINGER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

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State Appellate Courts7

Relies on it most ⓘ

Maddox v. State553 So. 2d 1380 (Fla. Dist. Ct. App. 1989)
Ruiz v. State516 So. 2d 1057 (Fla. Dist. Ct. App. 1987)
Robinson v. State530 So. 2d 1085 (Fla. Dist. Ct. App. 1988)
Mitchell v. State513 So. 2d 1122 (Fla. Dist. Ct. App. 1987)
Cotton v. State516 So. 2d 1077 (Fla. Dist. Ct. App. 1987)
Garcia v. State521 So. 2d 278 (Fla. Dist. Ct. App. 1988)

Most recent

Busby v. State556 So. 2d 1208 (Fla. Dist. Ct. App. 1990)
Maddox v. State553 So. 2d 1380 (Fla. Dist. Ct. App. 1989)
Robinson v. State530 So. 2d 1085 (Fla. Dist. Ct. App. 1988)
Garcia v. State521 So. 2d 278 (Fla. Dist. Ct. App. 1988)
Cotton v. State516 So. 2d 1077 (Fla. Dist. Ct. App. 1987)
Ruiz v. State516 So. 2d 1057 (Fla. Dist. Ct. App. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Albritton v. State, 476 So. 2d 158 (Fla. 1985)	390
	Keys v. State, 500 So. 2d 134 (Fla. 1986)	107
	Lee v. State, 486 So. 2d 709 (Fla. Dist. Ct. App. 1986)	10
	McNealy v. State, 502 So. 2d 54 (Fla. Dist. Ct. App. 1987)	8
	Keen v. State, 481 So. 2d 1274 (Fla. Dist. Ct. App. 1986)	7
	Leath v. State, 487 So. 2d 384 (Fla. Dist. Ct. App. 1986)	4

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