SNEAD v. STATE

No. 4-86-0686.

504 So.2d 550 (1987)

Joseph SNEAD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing April 15, 1987.


Attorney(s) appearing for the Case

Paul S. Adams, Fort Lauderdale, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Eddie J. Bell, Asst. Atty. Gen., West Palm Beach, for appellee.


LETTS, Judge.

Yet another sentencing guidelines issue is now before us. At the conclusion of an armed robbery, the victim was told to give the defendant five or ten minutes before calling for help; otherwise, the latter would return and blow the former away.

The trial judge found this threat a clear and convincing reason to depart the guidelines because:

In the course of the commission of the offense, the defendant placed the victim in great fear...

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