Sumler v. State

District Court of Appeal of Florida

Sumler v. State

521 So. 2d 386, 13 Fla. L. Weekly 686, 1988 Fla. App. LEXIS 1018, 1988 WL 20608

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1988

DocketNo. 87-782

StatusPublished

This text of 521 So. 2d 386 (Sumler 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.

Bluebook

Sumler v. State, 521 So. 2d 386, 13 Fla. L. Weekly 686, 1988 Fla. App. LEXIS 1018, 1988 WL 20608 (Fla. Ct. App. 1988).

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Opinion

WENTWORTH, Judge.

Appellant seeks review of sentences imposed for the offenses of child abuse and aggravated child abuse, after remand by this court. In Sumler v. State, 506 So.2d 1144 (Fla. 1st DCA 1987), we determined that in departing from the recommended sentencing range established by the Fla.R. Crim.P. 3.701 sentencing guidelines the trial court had relied upon both permissible and impermissible reasons. On remand the trial court has again departed from the guidelines recommendation, relying upon the reason which we approved in the prior appeal, that appellant was on probation for child abuse when she abused her physically helpless 15 month-old child. As we previously indicated, this reference to the character of appellant’s conduct for which probation was revoked describes circumstances sufficiently egregious to warrant a departure from the recommended guidelines sentence, in accordance with State v. Pentaude, 500 So.2d 526 (Fla.1987). We therefore affirm the sentencing orders now appealed.

MILLS and BARFIELD, JJ., concur.

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WENTWORTH, Judge.

Appellant seeks review of sentences imposed for the offenses of child abuse and aggravated child abuse, after remand by this court. In Sumler v. State, 506 So.2d 1144 (Fla. 1st DCA 1987), we determined that in departing from the recommended sentencing range established by the Fla.R. Crim.P. 3.701 sentencing guidelines the trial court had relied upon both permissible and impermissible reasons. On remand the trial court has again departed from the guidelines recommendation, relying upon the reason which we approved in the prior appeal, that appellant was on probation for child abuse when she abused her physically helpless 15 month-old child. As we previously indicated, this reference to the character of appellant’s conduct for which probation was revoked describes circumstances sufficiently egregious to warrant a departure from the recommended guidelines sentence, in accordance with State v. Pentaude, 500 So.2d 526 (Fla.1987). We therefore affirm the sentencing orders now appealed.

MILLS and BARFIELD, JJ., concur.

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Bluebook (online)

521 So. 2d 386, 13 Fla. L. Weekly 686, 1988 Fla. App. LEXIS 1018, 1988 WL 20608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sumler-v-state-fladistctapp-1988.

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