Barnes v. State

Supreme Court of Florida

Barnes v. State

588 So. 2d 585, 16 Fla. L. Weekly Supp. 618, 1991 Fla. LEXIS 1557, 1991 WL 181926

CourtSupreme Court of Florida

DecidedSeptember 12, 1991

DocketNo. 76474

StatusPublished

Cited by5 cases

This text of 588 So. 2d 585 (Barnes v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. State, 588 So. 2d 585, 16 Fla. L. Weekly Supp. 618, 1991 Fla. LEXIS 1557, 1991 WL 181926 (Fla. 1991).

Pincite

Opinions

OVERTON, Justice.

This is a petition to review Barnes v. State, 562 So.2d 729 (Fla. 3d DCA 1990), where the district court held that Barnes’ use of familial trust to effectuate the crime justified a departure sentence. We find conflict with Davis v. State, 517 So.2d 670 (Fla.1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In this case, the petitioner called his wife home from work and then attempted to kill her. The trial court departed, using as one of the reasons Barnes’ use of his familial trust to accomplish this crime. In Davis, we rejected the use of a familial trust as grounds for departure under circumstances where a wife shot a husband where he was sleeping in bed. Subsequent to the district court’s decision in this case, we held, in Wilson v. State, 567 So.2d 425 (Fla.1990), that abuse of familial trust cannot justify a departure sentence in a lewd and lascivious assault of a sixteen-year-old child.

Accordingly, consistent with Davis and Wilson, we quash the decision of the district court in Barnes and remand for further proceedings in accordance with Davis and Wilson. We choose not to address the other issue presented in this cause.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT and KOGAN, JJ., concur. HARDING, J., dissents with an opinion, in which GRIMES, J., concurs.

Free access — add to your briefcase to read the full text and ask questions with AI

OVERTON, Justice.

This is a petition to review Barnes v. State, 562 So.2d 729 (Fla. 3d DCA 1990), where the district court held that Barnes’ use of familial trust to effectuate the crime justified a departure sentence. We find conflict with Davis v. State, 517 So.2d 670 (Fla.1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

In this case, the petitioner called his wife home from work and then attempted to kill her. The trial court departed, using as one of the reasons Barnes’ use of his familial trust to accomplish this crime. In Davis, we rejected the use of a familial trust as grounds for departure under circumstances where a wife shot a husband where he was sleeping in bed. Subsequent to the district court’s decision in this case, we held, in Wilson v. State, 567 So.2d 425 (Fla.1990), that abuse of familial trust cannot justify a departure sentence in a lewd and lascivious assault of a sixteen-year-old child.

Accordingly, consistent with Davis and Wilson, we quash the decision of the district court in Barnes and remand for further proceedings in accordance with Davis and Wilson. We choose not to address the other issue presented in this cause.

It is so ordered.

SHAW, C.J., and McDONALD, BARKETT and KOGAN, JJ., concur. HARDING, J., dissents with an opinion, in which GRIMES, J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

588 So. 2d 585, 16 Fla. L. Weekly Supp. 618, 1991 Fla. LEXIS 1557, 1991 WL 181926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-state-fla-1991.

Opinions

Related

Cite This Page — Counsel Stack