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475 So. 2d 255

475 So.2d 255

10 Fla.L.Weekly 1864

Docket Nos. 84-1391, 84-1392.

State v. Bentley

STATE of Florida, Appellant, v. Rose Mae BENTLEY, Appellee.

District Court of Appeal of Florida

Decided August 1, 1985.

Rehearing Denied September 6, 1985.

District Court of Appeal of Florida · decided 1985-08-01

Cited by 9 later decisions — most recently May 1999

9 state decisions

Key passage — most relied on by later courts

“Remorsefulness is an appropriate, albeit quite easily feigned, consideration”

quoted by 1 later decision, including State v. Rife

Good law ✅— No negative treatment on recordhow we know

Decided 1985-08-01

View the full empirical analysis of this case →

¶1Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellant.

¶2James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellee.

¶3DAUKSCH, Judge.

¶4This is an appeal from a downward departure from a guideline sentence.

¶5The reasons given for the departure were that "Defendant is under a seven year sentence for similar crimes; defendant's age, education and remorsefulness; defendant's good attitude and cooperation; also is eight months' pregnant."

¶6The reasons given are not sufficient to allow a departure. As to the first — that appellant is already under a seven year sentence — that is a ground for aggravation not mitigation. As to appellant's age — she was a twenty-two year old robber. The trial judge did not say whether he considered that young for a robber or old for a robber. In our experience it is probably in the upper median range. Most robbers seem to range from fourteen to twenty-five or thirty. We have no idea what the judge meant by "education." Too much? Too little? Wrong kind? We do not have a pre-sentence report to review but suggest education should have little bearing on a sentence for a robber. Remorsefulness is *256 an appropriate, albeit quite easily feigned, consideration. The record reveals no support for the finding of cooperation. Pregnancy has no bearing here because the appellant is already under a seven year sentence.

¶7We note that the sentencing guideline scoresheet gives appellant 232 points. That number is grossly excessive and upon resentencing the trial judge should recompute the score. When that occurs appellant will likely be entitled to the same sentence she got originally. All of which demonstrates that a little more attention to proper procedure and legal requirements at the trial level in the first place would have prevented the entire expensive appellate procedure.

¶8REVERSED and REMANDED.

¶9ORFINGER, J., and KIRKWOOD, L.R., Associate Judge, concur.

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