JAMES G. HARDAGE, APPELLANT,

v.

STATE OF GEORGIA, EX REL. BRENDA W. HARDAGE, APPELLEE

Citator

Cited By

• Williams v. State, 484 So. 2d 71 (Fla. 1st DCA 1986)
  …ears prior to the commission of the instant offense. Under Weems v. State, 469 So. 2d 128 (Fla.1985), those juvenile offenses could properly be relied upon as a clear and convincing reason for departure from the guidelines. See also Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986.) But, perhaps more important, we view the trial judge’s narrative of this defendant’s frequent contacts with the criminal justice system as something substantially more than a mere reference to the defendant’s prior criminal rec…
• Vicknair v. State, 483 So. 2d 896 (Fla. 5th DCA 1986)
  …In cases where the sentencing judge has departed for reasons similar to the determining factors under the habitual offender act (though not under that act), those reasons have been found to be impermissible under Hendrix. See, e.g., Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986) (the fact that trial court was compelled, "for the protection of society,” to institutionalize defendant for a term in excess of that provided by the guidelines is insubstantial reason because Hendrix so holds); Casteel v. State,…
• Holden v. State, 487 So. 2d 1199 (Fla. 5th DCA 1986)
  …t this particular defendant’s conduct poses a threat to society, this reason is invalid because it is factually based on Holden’s prior convictions and on the current conviction. Tillman v. State, 482 So. 2d 603 (Fla. 5th DCA 1986); Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986); Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986), Pilgrim v. State, 480 So. 2d 688 (Fla. 5th DCA 1985). [*1202] Since none of the three reasons provides a valid basis for departure, the sentence is vacated and remanded for re…

Authorities Cited

• In re the Marriage of Ronald Wayne Beasley v. Corrie Gail Beasley, 463 So. 2d 1248 (Fla. 5th DCA 1985)
• State v. Haynes, 463 So. 2d 1248 (Fla. 5th DCA 1985)