Legal Opinion · Concurrence

Walker v. State

District Court of Appeal of Florida

Decided April 30, 1987No. 86-1487Published

1ConcurrenceSharp, Judge

While I agree the “breach of trust” reason for departure is insufficient under current case law to support an aggravated sentence under the guidelines,11 think that the enormity of the losses of several victims is a valid ground.

The trial judge referred to the amount of money actually paid to Walker and stolen from each of the five victims. Each sum was more than $100.00 but less than $20,-000.00, and an inherent component of the offense under sections 812.014 and 812.-012(2)(c). However, the record reveals that the total loss of the five victims was $50,-000.00; money they invested in…

2Cases cited12 opinions

  1. Albritton v. StateSupreme Court of Florida · 1985
  2. State v. MischlerSupreme Court of Florida · 1986
  3. State v. WhitfieldSupreme Court of Florida · 1986
  4. Hankey v. StateSupreme Court of Florida · 1986
  5. Mitchell v. StateDistrict Court of Appeal of Florida · 1984

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