CRANCY SCRIVENS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• White v. State, 548 So. 2d 765 (Fla. 1st DCA 1989)
  …entially valid bases for departure, require independent support in the record. Thus, a defendant’s lack of respect for the law is not a proper basis for departure when it is evidenced by nothing more than the defendant’s prior record. Mayo v. State, 518 So. 2d 458, 461 (Fla. 1st DCA 1988). Similarly, a defendant’s resistance to rehabilitation is an improper basis for departure when evidenced solely by prior record. See Tillman v. State, 525 So. 2d 862, 864 (Fla.1988). The trial court’s second reason for depa…
• Ponder v. State, 530 So. 2d 1057 (Fla. 1st DCA 1988)
  …acquitted. Other case law in a similar vein recognizes that it is improper for a trial court to consider factors relating to premeditation when a defendant has been acquitted of an offense for which premeditation was an element. E.g., Mayo v. State, 518 So. 2d 458 (Fla. 1st DCA 1988). None of the majority’s citations involve the type of fact situation facing the trial judge below. There is an obvious distinction between the Vanover holding, which prohibits trial courts from departing upon belief that a defend…
• Widner v. State, 520 So. 2d 676 (Fla. 1st DCA 1988)
  …nsibility. Where a defendant is charged with first-degree murder but convicted of manslaughter, reasons indicating premeditation are invalid grounds for departure because they consider an offense for which there was no conviction. See Mayo v. State, 518 So. 2d 458 (Fla. 1st DCA 1988); Vanover v. State, 498 So. 2d 899 (Fla.1986); Sloan v. State, 472 So. 2d 488 (Fla. 2d DCA 1985). Additionally, although we agree with the trial court that this was a very extreme example of manslaughter and robbery, the reason i…

Authorities Cited

• Dep't of Health & Rehabilitative Servs. v. State, 516 So. 2d 1094 (Fla. 5th DCA 1987)