Olofson v. State

Full title: CARL OLOFSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE. STATE OF FLORIDA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 12, 1986

483 So. 2d 468 (Fla. Dist. Ct. App. 1986)

Opinion

Nos. 85-1459, 85-1460.

February 7, 1986. Rehearing and/or Certification Denied March 12, 1986.

Consolidated appeals from the Circuit Court for Palm Beach County; Thomas H. Johnson, Judge.

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for Olofson.

Jim Smith, Atty. Gen., Tallahassee, and Penny H. Brill, Asst. Atty. Gen., West Palm Beach, for State of Fla.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and ANSTEAD, J., concur.

HURLEY, J., dissents with opinion.

HURLEY, Judge, dissenting.

The trial court departed downward from the guidelines' presumptive sentence with this justification: "Recommended sentence of HRS is felt to be adequate." This is simply not a "clear and convincing" reason to justify departure. See Rule 3.701(b)(6), Fla.R.Crim.P.; see also Santiago v. State, 478 So.2d 47 (Fla. 1985).