Walker v. State
District Court of Appeal of Florida
1Opinion of the Court
COWART, Judge.
Appellant’s five convictions of theft are affirmed but his departure sentence is vacated because the reason for departure, “breach of trust,” is considered an inherent component of a theft accomplished by a breach of trust such as the misrepresentations in this case, and because the second reason, “the enormity of the losses of the victims,” i.e., the large amount of money stolen, is not a valid ground for departure. See State v. Mischler, 488 So.2d 523 (Fla.1986); Campos v. *408State, 488 So.2d 677 (Fla. 4th DCA 1986); Coleman v. State, 483 So.2d 539 (Fla. 2d DCA 1986). But cf.…
Also in this document: Concurrence.
2Cases cited4 opinions
- State v. MischlerSupreme Court of Florida · 1986
- Irwin v. StateDistrict Court of Appeal of Florida · 1985
- Coleman v. StateDistrict Court of Appeal of Florida · 1986
- Campos v. StateDistrict Court of Appeal of Florida · 1986
3Cited by2 opinions
- Vidal v. StateDistrict Court of Appeal of Florida · 1987
- Broderick v. StateDistrict Court of Appeal of Florida · 1995