Cumbie v. State

District Court of Appeal of Florida

Decided June 18, 1990

District Court of Appeal of Florida · decided 1990-06-18

Cited by 5 later decisions — most recently May 1992

5 state decisions

Key passage — most relied on by later courts

“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?”

quoted by 1 later decision, including Cumbie v. State

Relies on 539 So. 2d 538 - Cumbie v. State · 548 So. 2d 874 - Wilson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-06-18

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PER CURIAM.

¶1Cumbie 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?

¶2Affirmed.

BOOTH, JOANOS and BARFIELD, JJ., concur.