QUINTON STACEY ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges his sentences in which the trial court departed upward from the sentencing guidelines range. We find that the record in this case “amply illustrates sufficient facts rendering the crime a highly extraordinary and extreme incident” of manslaughter. Vanover v. State, 498 So. 2d 899 (Fla.1986). See also Lerma v. State, 497 So. 2d 736 (Fla.1986) (excessive brutality may support a departure sentence against a defendant convicted of sexual battery by slight force if facts supporting such finding are proven beyond reasonable doubt). We further find that the extent of departure in this case was not an abuse of discretion. See Albritton v. State, 476 So. 2d 158 (Fla.1985).
Appellant’s final contention is that the trial court erred in imposing costs without affording him notice and a hearing. Appellant, however, waived such notice and hearing in his signed affidavit of insolvency. Therefore, this point is without merit. See Dailey v. State, 501 So. 2d 15 (Fla. 2d DCA 1986).
Accordingly, appellant’s sentences are affirmed.
DANAHY, C.J., and SCHOONOVER and SANDERLIN, JJ., concur.
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Smith v. Louie L. Wainwright, 508 So. 2d 768 (Fla. 2d DCA 1987)…imposition of costs under section 27.3455, Florida Statutes (1985), without the required notice and hearing. Smith’s execution of an affidavit of insolvency containing a waiver of notice and hearing renders the contention merit-less. Allen v. State, 502 So. 2d 950 (Fla. 2d DCA 1987); Dailey v. State, 501 So. 2d 15 (Fla. 2d DCA 1986). Accordingly, we confirm Smith’s conviction, vacate the sentence and remand for the entry of the specific findings required to sentence smith as a habitual offender. RYDER, A.C.…
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Suresh Bobby Gopaul v. State, 536 So. 2d 296 (Fla. 3d DCA 1988)…stifying the court’s determination that an enhanced sentence was appropriate. See Fla.R.Crim.P. 3.701(b)(3); Lerma, 497 So. 2d 736 (excessive brutality may support a departure sentence against a defendant of sexual battery). See also Allen v. State, 502 So. 2d 950 (Fla. 2d DCA 1987); Whitfield v. State, [*299] 515 So. 2d 360 (Fla. 4th DCA 1987); Williams v. State, 500 So. 2d 604 (Fla. 5th DCA 1986); Harvey v. State, 497 So. 2d 996 (Fla. 5th DCA 1986). We find only the trial court’s second reason for its depa…
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Arnold v. State, 505 So. 2d 1104 (Fla. 2d DCA 1987)…d 54 (Fla. 2d DCA 1987). (2) “The homicide was extremely violent and committed without pity.” The judge noted that defendant “pumped not less than eight bullets into the body of victim.” This may be a valid reason for departure. See Allen v. State, 502 So. 2d 950 (Fla. 2d DCA 1987) (referring to “facts rendering the crime a highly extraordinary and extreme incident of manslaughter”); Vanover v. State, 498 So. 2d 899 (Fla.1986). (8) The defendant “with calculation ... secured the residence of the victim ther…
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Ervin Sharp v. State, 497 So. 2d 736 (Fla. 1st DCA 1986)
- Creed Martin Vanover v. State, 498 So. 2d 899 (Fla. 1986)
- Alexander v. Adams, 501 So. 2d 15 (Fla. 4th DCA 1986)
- Dailey v. State, 501 So. 2d 15 (Fla. 2d DCA 1986)