Cumbie v. State
562 So. 2d 845, 1990 Fla. App. LEXIS 4359, 1990 WL 82111
District Court of Appeal of Florida·Decided June 18, 1990·No. No. 89-1196·Published·Cited by 2 cases
Opinion
Cumbie has appealed from a guidelines departure sentence for attempted capital sexual battery, imposed following this court’s reversal and remand for re-sentencing in Cumbie v. State, 539 So.2d 538 (Fla. 1st DCA 1989). We affirm on both issues raised herein, but as we did in Wilson v. State, 548 So.2d 874 (Fla. 1st DCA 1989), review pending Case No. 74,872, certify the following question as one of great public importance:
Whether abuse of a position of familial authority over a victim may constitute a clear and convincing reason justifying the imposition of a departure sentence for a conviction of attempted capital sexual battery?
Affirmed.
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Cumbie v. State, 562 So. 2d 845, 1990 Fla. App. LEXIS 4359, 1990 WL 82111 (Fla. Ct. App. 1990).
562 So. 2d 845 (Cumbie v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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