JOSEPH HARLIN STOOKSBURY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Carmine Annunziata v. State, 697 So. 2d 997 (Fla. 5th DCA 1997)
  …nses. Browning v. State, 625 So. 2d 960, 961 (Fla. 5th DCA 1993); Fox v. State, 608 So. 2d 132, 132 (Fla. 3d DCA 1992); Mosley v. State, 543 So. 2d 340, 340 (Fla. 1st DCA 1989); Jones v. State, 520 So. 2d 672, 673 (Fla. 5th DCA 1988); Mize v. State, 495 So. 2d 845, 846 (Fla. 3d DCA 1986). Generally, the definition of “legal status” under construction in those cases read as follows: Offenders on parole, probation, or community control; offenders in custody serving a sentence; escapees; fugitives who have fled…
• State v. Myers, 515 So. 2d 333 (Fla. 3d DCA 1987)
  …iety based solely on prior record not a valid reason for departure). Again, we agree. In addition, the state correctly argues that the trial court’s finding that Myers can be rehabilitated is an improper reason for departure. Cf Stooksbury v. State, 495 So. 2d 845 (Fla. 3d DCA 1986) (conclusion that defendant is unsuitable candidate for probation is not clear and convincing reason to deviate from guidelines.) The trial court’s fourth reason, Myers’ stunted emotional development, taken alone, is invalid to sup…
• Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987)
  …gal status as follows; on parole, probation, community control; in custody serving sentence; escapees; fugitives; offenders in pretrial intervention or diversion programs. (Pre-trial release status, i.e., out on bail, is excluded, see Mize v. State, 495 So. 2d 845 (Fla. 3rd DCA 1986)). Conditional release from a mental institution is not listed. This fact supports our need for clarification as to whether being on conditional release from a mental institution at the time of the offense can be a valid factor fo…

Authorities Cited

• Montgomery v. State, 489 So. 2d 1225 (Fla. 5th DCA 1986)
• Heston v. State, 490 So. 2d 157 (Fla. 2d DCA 1986)