Nelson v. State
Nelson v. State
Opinion of the Court
Defendant appeals from the trial court’s upward departure from the sentencing guidelines. We reverse.
The court’s reasons for departure were as follows: “The facts of the instant case and the defendant’s criminal behavior indicate that the defendant is clearly a menace to society....” The order then appears to outline those facts and behavior which essentially were that prior to entering the house where defendant and his codefend-ant girlfriend were arrested for drug offenses, defendant, while in the presence of an 11-year-old child, gave the codefendant a gun. The order then states that the girlfriend, while she and defendant were being arrested in the house, attempted to pull the gun on the police. Thereafter the order concludes that the departure “is necessary for the protection of society....”
While a defendant being a menace to society, or a departure being necessary for the protection of society, may be a valid reason for departure in particular circum
No basis was given for the additional conclusion in the order that defendant has “absolutely no respect for the criminal justice system.” Compare Fry v. State, 497 So.2d 964 (Fla. 1st DCA 1986).
Reversed and remanded for sentencing within the guidelines recommended range.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.