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Smith v. State

Supreme Court of Florida
Jun 10, 1993
620 So. 2d 187 (Fla. 1993)

Summary

holding that efforts to cover up a crime do not justify a sentencing guidelines departure

Summary of this case from Dillard v. State

Opinion

No. 80551.

June 10, 1993.

Appeal from the District Court of Appeal.

Nancy A. Daniels, Public Defender and Kathleen Stover, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Bureau Chief — Criminal Appeals and Carolyn J. Mosley, Asst. Atty. Gen., Tallahassee, for respondent.


We have for review Smith v. State, 604 So.2d 944 (Fla. 1st DCA 1992), which certified the following question of great public importance:

Do defendant's efforts to cover up a crime allow sentencing guidelines departure?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the negative consistent with our opinion in State v. Varner, 616 So.2d 988 (Fla. 1993). The opinion below is quashed and remanded for reconsideration in light of Varner.

It is so ordered.

OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

BARKETT, C.J., concurs specially with an opinion.


Regardless of whether the concealment of a murder is a crime for which the defendant was not charged, a departure from the sentencing guidelines cannot be based on an inherent component of the crime in question. State v. Mischler, 488 So.2d 523 (Fla. 1986). Concealment of a murder by the murderer is "a factor common to nearly all crimes in the sentencing category." Lerma v. State, 497 So.2d 736, 739 (Fla. 1986) (applying Mischler to the stated reasons for departure in a sexual battery case, i.e., dangerousness of the defendant and helplessness of the victim).

Although I agree with the majority that State v. Varner, 616 So.2d 988 (Fla. 1993) also applies, I would reverse the decision based on Mischler as well.


Summaries of

Smith v. State

Supreme Court of Florida
Jun 10, 1993
620 So. 2d 187 (Fla. 1993)

holding that efforts to cover up a crime do not justify a sentencing guidelines departure

Summary of this case from Dillard v. State

In Smith v State, 620 So.2d 187 (Fla. 1993), the supreme court quashed the opinion of the first district in Smith v. State, 604 So.2d 944 (Fla. 1st DCA 1992), answering the following certified question in the negative: "Do defendant's efforts to cover up a crime allow sentencing guidelines departure?

Summary of this case from Rendon v. State

In Smith v. State, 620 So.2d 187 (Fla. 1993), our supreme court held that a defendant's efforts to cover up a crime do not justify a sentencing guidelines departure.See also State v. Varner, 616 So.2d 988 (Fla. 1993).

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

Smith v. State

Case Details

Full title:DONALD LEWIS SMITH, PETITIONER, v. STATE OF FLORIDA, RESPONDENT

Court:Supreme Court of Florida

Date published: Jun 10, 1993

Citations

620 So. 2d 187 (Fla. 1993)

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