Cumbie v. State

District Court of Appeal of Florida

Cumbie v. State

562 So. 2d 845, 1990 Fla. App. LEXIS 4359, 1990 WL 82111

CourtDistrict Court of Appeal of Florida

DecidedJune 18, 1990

DocketNo. 89-1196

StatusPublished

Cited by2 cases

This text of 562 So. 2d 845 (Cumbie v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cumbie v. State, 562 So. 2d 845, 1990 Fla. App. LEXIS 4359, 1990 WL 82111 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

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.

BOOTH, JOANOS and BARFIELD, JJ., concur.

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