Summary
In Cumbie v. State, 562 So.2d 845 (Fla. 1st DCA 1990), we affirmed the departure sentence imposed on remand, but certified as a question of great public importance whether the reason used by the trial court to justify the departure sentence was legally sufficient.
Summary of this case from Cumbie v. StateOpinion
No. 89-1196.
June 18, 1990.
An Appeal from the Circuit Court for Washington County; Dedee Costello, Judge.
Michael E. Allen, Public Defender, and Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for appellee.
Cumbie has appealed from a guidelines departure sentence for attempted capital sexual battery, imposed following this court's reversal and remand for re-sentencing in Cumbie v. State, 539 So.2d 538 (Fla. 1st DCA 1989). We affirm on both issues raised herein, but as we did in Wilson v. State, 548 So.2d 874 (Fla. 1st DCA 1989), review pending Case No. 74,872, certify the following question as one of great public importance:
Whether abuse of a position of familial authority over a victim may constitute a clear and convincing reason justifying the imposition of a departure sentence for a conviction of attempted capital sexual battery?
Affirmed.
BOOTH, JOANOS and BARFIELD, JJ., concur.