State v. Williams

Supreme Court of Florida
State v. Williams, 477 So. 2d 570 (Fla. 1985)
10 Fla. L. Weekly 569; 1985 Fla. LEXIS 3925
Adkins, Boyd, Ehrlich, McDonald, Overton, Shaw

State v. Williams

Opinion of the Court

OVERTON, Justice.

This is a petition to review Williams v. State, 462 So.2d 23 (Fla. 4th DCA 1984), remanding respondent’s case for resentenc-ing because of the trial court’s use of prior convictions as the reason for departure from the sentencing guidelines and certifying the following question as a matter of great public importance:

If the scoresheets make provision for prior convictions, can those convictions also constitute clear and convincing reasons for aggravated punishment outside the guidelines?

Id. at 24. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answered the question in Hendrix v. State, 475 So.2d 1218, (Fla. 1985), in which we held that, since prior convictions are already factored in as a part of the presumptive guidelines sentence, they may not be used as a clear and convincing reason for departure. See also Deer v. State, 476 So.2d 163 (Fla. 1985); Gregory v. State, 475 So.2d 1221 (Fla. 1985).

Accordingly, we approve the decision of the district court.

It is so ordered.

BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.

Reference

Full Case Name
STATE of Florida v. Edward Lee WILLIAMS
Cited By
5 cases
Status
Published