From Casetext: Smarter Legal Research

Allen v. State

District Court of Appeal of Florida, Second District
Feb 23, 1987
502 So. 2d 950 (Fla. Dist. Ct. App. 1987)

Summary

referring to "facts rendering the crime a highly extraordinary and extreme incident of manslaughter"

Summary of this case from Arnold v. State

Opinion

No. 85-2710.

January 21, 1987. Rehearing Denied February 23, 1987.

Appeal from the Circuit Court for Polk County; Thomas M. Langston, Judge.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


Appellant challenges his sentences in which the trial court departed upward from the sentencing guidelines range. We find that the record in this case "amply illustrates sufficient facts rendering the crime a highly extraordinary and extreme incident" of manslaughter. Vanover v. State, 498 So.2d 899 (Fla. 1986). See also Lerma v. State, 497 So.2d 736 (Fla. 1986) (excessive brutality may support a departure sentence against a defendant convicted of sexual battery by slight force if facts supporting such finding are proven beyond reasonable doubt). We further find that the extent of departure in this case was not an abuse of discretion. See Albritton v. State, 476 So.2d 158 (Fla. 1985).

Appellant's final contention is that the trial court erred in imposing costs without affording him notice and a hearing. Appellant, however, waived such notice and hearing in his signed affidavit of insolvency. Therefore, this point is without merit. See Dailey v. State, 501 So.2d 15 (Fla. 2d DCA 1986).

Accordingly, appellant's sentences are affirmed.

DANAHY, C.J., and SCHOONOVER and SANDERLIN, JJ., concur.


Summaries of

Allen v. State

District Court of Appeal of Florida, Second District
Feb 23, 1987
502 So. 2d 950 (Fla. Dist. Ct. App. 1987)

referring to "facts rendering the crime a highly extraordinary and extreme incident of manslaughter"

Summary of this case from Arnold v. State
Case details for

Allen v. State

Case Details

Full title:QUINTON STACEY ALLEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 23, 1987

Citations

502 So. 2d 950 (Fla. Dist. Ct. App. 1987)

Citing Cases

Smith v. Wainwright

Smith's execution of an affidavit of insolvency containing a waiver of notice and hearing renders the…

Gopaul v. State

See Fla.R.Crim.P. 3.701(b)(3); Lerma, 497 So.2d 736 (excessive brutality may support a departure sentence…