Carroll v. State

Full title: WILLIAM CARROLL, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Aug 11, 1992

601 So. 2d 268 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1369.

June 2, 1992. Rehearing Denied August 11, 1992.

An Appeal under Fla.R.App.P. 9.140(g) from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

William Carroll, in pro. per.

Robert A. Butterworth, Atty. Gen., for appellee.

Before JORGENSON, COPE and GODERICH, JJ.

PER CURIAM.

Affirmed.

JORGENSON and GODERICH, JJ., concur.

COPE, Judge (specially concurring).

In my view there was at least one valid reason for the departure sentence with respect to the substantive offense — flagrant disregard for the safety of the three small children in the car, who were endangered by appellant's conduct. See Scurry v. State, 489 So.2d 25 (Fla. 1985) (finding departure reason valid, but not as applied to the facts there presented). Therefore, defense counsel's advice was correct, and defendant had effective, not ineffective, assistance of counsel.