State v. Jefferson

37 Fla. Supp. 2d 226
CourtCircuit Court for the Judicial Circuits of Florida
DecidedAugust 17, 1988
DocketCase No. 87-28620
StatusPublished

This text of 37 Fla. Supp. 2d 226 (State v. Jefferson) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jefferson, 37 Fla. Supp. 2d 226 (Fla. Super. Ct. 1988).

Opinion

OPINION OF THE COURT

MARGARITA ESQUIROZ, Circuit Judge.

WRITTEN STATEMENT DELINEATING REASONS FOR DEPARTURE FROM GUIDELINES SENTENCE

The Defendant was tried and found guilty by a jury of the crimes of aggravated assault and grand theft. He was acquitted of burglary of an occupied conveyance, robbery, and resisting officer with violence to his person in the same trial. At the sentencing hearing, the Court heard argument and gave the state and the defense the opportunity to present evidence in aggravation and in mitigation of the sentence recommended by the sentencing guidelines. Having fully considered and evaluated the argument and evidence presented, the Court finds clear and convincing reasons justifying departure to aggravate the sentence as follows:

1. The victim of the aggravated assault was a uniformed police officer driving a marked police car. The Defendant was found guilty of [227]*227aggravated assault committed with an automobile upon the police officer, the scenario of which included a high speed chase on 1-95 during which the pursuing officer’s safety and life were gravely endangered by the Defendant’s actions. The fact that the victim of the crime is a uniformed police officer acting in the line of duty is a valid reason for departure from the guidelines. State v Baker, 483 So.2d 423 (Fla. 1986), aff'd., Baker v State, 466 So.2d 1144 (Fla. 3d DCA 1985); Moore v State, 506 So.2d 1140 (Fla. 2d DCA 1987); Williams v State, 492 So.2d 1171 (Fla. 5th DCA 1986). As reasoned in Baker:

“ ‘[t]here is a special interest in affording protection to . . . public servants who. regularly must risk their lives in order to guard the safety of other persons and property’”. Roberts v Louisiana, 431 U.S. 633, 636 [97 S. Ct. 1993, 1995, 52 L.Ed.2d 637] (1977). Since, as can be seen, the protection of police officers is a valid societal objective which justifies legislation making police officers a special class of crime victims, we see no reason why a court may not validly pronounce as a reason for departing from sentencing guidelines that a defendant who chooses to make a police officer acting in the line of duty the victim of his crime is to be treated differently than a defendant who commits the same crime upon an ordinary citizen. State v Baker, supra, 483 So.2d at 424.

2. The Defendant created an extreme risk to the safety of both other citizens and law enforcement officers in his attempt to elude the officers and escape apprehension. Scott v State, 508 So.2d 335 (Fla. 1987) and Scott v State, 469 So.2d 865 (Fla. 1st DCA 1985) (reckless manner in which Defendant attempted his escape after the crime, by abandoning a still-moving vehicle which ran amok before crashing, justified departure from guidelines); Scurry v State, 489 So.2d 25, 29 (Fla. 1986); Bulger v State, 509 So.2d 1269 (Fla. 1st DCA 1987); Garcia v State, 454 So.2d 714 (Fla. 1st DCA 1984). In Bulger, the Defendant pled no contest and was convicted of murder in the second degree and of shooting into an occupied vehicle. He had fired a fatal shot into a jeep, killing one occupant and wounding the other. The appellate court noted that the incident occurred on “a highway on which there was vehicular traffic and near which there was a bar, convenience store, motel and parking lot.” Bulger v State, supra, 509 So.2d at 1270. The Court upheld the trial court’s stated reason for departure as follows:

The defendant’s crime posed an extreme risk to the physical safety of other citizens. The defendant fired the shotgun on a public highway, raising the prospect of innocent bystanders being wounded or causing a traffic accident which might have involved innocent third parties. Id. at 1270.

[228]*228Likewise, in the present case, 1-95 is a well-traveled multi-lane interstate highway used by citizens at all hours of day and night. It connects the northermost part of the Greater Miami Area (as well as other populous counties to the North of Dade) to the center and southern parts of the area. There can be little doubt that a high speed chase of a fleeing suspect by a police officer on such a road creates a very high risk of danger, not only to the fleeing suspect and the pursuer, but also to other ordinary citizens who may happen to find themselves in the path of danger at the time.

3. The Defendant has committed the instant offenses a short time after release from prison. Williams v State, 504 So.2d 391 (Fla. 1987); Jones v State, 501 So.2d 178 (Fla. 5th DCA 1987); Nixon v State, 494 So.2d 222 (Fla. 1st DCA 1986); White v State, 481 So.2d 993 (Fla. 5th DCA 1986). On October 6, 1986, the Defendant was sentenced, upon revocation of probation, to three years incarceration in the State penitentiary for robbery (Case No. 83-26473 B), aggravated assault and possession of a weapon by a convicted felon (Case No. 86-11700 C), and to one year for resisting officer without violence (Case No. 83-26473 B), said sentences to run concurrently. (See Criminal History attached). Only nine and one-half (9J/i) months later, on September 1 and 2, 1987, the Defendant committed the instant offenses.

4. The Defendant has demonstrated an escalating pattern of criminal conduct. See Williams v State, 504 So.2d 392 (Fla. 1987); Keys v State, 500 So.2d 134 (Fla. 1986); Newland v State, 508 So.2d 486 (Fla. 3d DCA 1987). The Defendant is now 21 years old, his date of birth being November 28, 1988. At the age of 16, on March 23, 1983, he was arrested for grand theft of a vehicle and resisting officer without violence. Adjudication was withheld for those juvenile offenses. (Case No. J83-9632 in Defendant’s Criminal History). On December 23, 1983, while he was 17, the Defendant was arrested for robbery and resisting officer without violence, placed on probation, and on October 6, 1986, his probation was revoked and he was sentenced to three (3) years incarceration in the State penitentiary for robbery and to one (1) year for resisting, the sentences to run concurrently, in Case No. 83-16473 B. On August 3, 1985, he was arrested for misdemeanor possession of marijuana and convicted and sentenced to twenty-one (21) days in jail on August 22, 1985, on said charge (Case No. 85-19020). On April 28, 1986, he was arrested, inter alia, for aggravated assault and possession of a weapon by a convicted felon, and convicted and sentenced to three (3) years incarceration on said charges on October 6, 1986, in Case No. 86-11700 C, said sentences to run. concurrent with the three-(3)-year sentence imposed in Case No. 83-[229]*22916473 B, upon revocation of probation. On September 2, 1987, the Defendant was arrested for the instant offenses and later convicted of aggravated assault and grand theft in the present case. Thus, no sooner was the Defendant released from custody for one crime then he was again in custody for the next, evidencing a continuing and persistent pattern of criminal activity featuring thefts, robbery, and resisting arrest, as set forth above. As stated by the Court in Williams v State, 504 So.2d 392, 393 (Fla. 1987):

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Related

Roberts v. Louisiana
431 U.S. 633 (Supreme Court, 1977)
Garcia v. State
454 So. 2d 714 (District Court of Appeal of Florida, 1984)
Nixon v. State
494 So. 2d 222 (District Court of Appeal of Florida, 1986)
Williams v. State
504 So. 2d 392 (Supreme Court of Florida, 1987)
State v. Baker
483 So. 2d 423 (Supreme Court of Florida, 1986)
Manning v. State
452 So. 2d 136 (District Court of Appeal of Florida, 1984)
Williams v. State
492 So. 2d 1171 (District Court of Appeal of Florida, 1986)
Baker v. State
466 So. 2d 1144 (District Court of Appeal of Florida, 1985)
Jones v. State
501 So. 2d 178 (District Court of Appeal of Florida, 1987)
Scurry v. State
489 So. 2d 25 (Supreme Court of Florida, 1986)
White v. State
481 So. 2d 993 (District Court of Appeal of Florida, 1986)
Scott v. State
508 So. 2d 335 (Supreme Court of Florida, 1987)
Newland v. State
508 So. 2d 486 (District Court of Appeal of Florida, 1987)
Scott v. State
469 So. 2d 865 (District Court of Appeal of Florida, 1985)
Keys v. State
500 So. 2d 134 (Supreme Court of Florida, 1986)
Bulger v. State
509 So. 2d 1269 (District Court of Appeal of Florida, 1987)
Moore v. State
506 So. 2d 1140 (District Court of Appeal of Florida, 1987)

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Bluebook (online)
37 Fla. Supp. 2d 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jefferson-flacirct-1988.