Legal Opinion

Vanover v. State

District Court of Appeal of Florida

Decided November 5, 1987No. 87-406PublishedCited by 3 opinions

1Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentencing guideline departure sentence.

The trial judge departed from the recommended guideline sentence because:

1. Departure above the guidelines on the grand theft sentence is appropriate because the motive for the theft was to escape apprehension for another crime, and the reckless manner in which the defendant carried out the theft and attempted escape posed a great risk to other drivers because the defendants admittedly drove while under the influence of alcohol combined with cocaine taken expressly for the purpose of enabling the defendant to…

2Cases cited3 opinions

  1. Pendleton v. StateDistrict Court of Appeal of Florida · 1986
  2. McCall v. StateDistrict Court of Appeal of Florida · 1987
  3. Fernandez v. StateDistrict Court of Appeal of Florida · 1986

3Cited by3 opinions

  1. Hawkins v. StateDistrict Court of Appeal of Florida · 1988
  2. Aleman v. StateDistrict Court of Appeal of Florida · 1989
  3. Willmeth v. StateDistrict Court of Appeal of Florida · 1989

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