FRANCIS v. STATE

No. 84-2028.

475 So.2d 1366 (1985)

Robert Gene FRANCIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 4, 1985.


Attorney(s) appearing for the Case

John W. Day, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Karla J. Staker and Candance M. Sunderland, Asst. Attys. Gen., Tampa, for appellee.


DANAHY, Judge.

The trial judge departed from the sentencing guidelines when he sentenced appellant for aggravated battery. The trial judge based his departure on three grounds: (1) the extent or severity of the attack on the victim; (2) the appellant's past record; and (3) the factual basis or circumstances surrounding the aggravated battery. On appeal, appellant challenges the validity of these grounds.

We agree that grounds (1) and (2) are impermissible...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases