Williams v. State, 504 So. 2d 392 (Fla. 1987). · Go Syfert
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Williams v. State, 504 So. 2d 392 (Fla. 1987). Cases Citing This Book View Copy Cite
“williams i”
140 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Simpson (fla, 1989-12-21) · Strongest negative: Coleman v. State (fladistctapp, 1988-03-02)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 37 distinct citers.
cited Cited "but see" Coleman v. State
Fla. Dist. Ct. App. · 1988 · signal: but see · confidence high
But see Williams v. State, 504 So.2d 392 (Fla. 1987).
discussed Cited as authority (quoted) State v. Simpson
Fla. · 1989 · quote attribution · 1 verbatim quote · confidence low
williams i
cited Cited as authority (rule) Shores v. State
Fla. Dist. Ct. App. · 2009 · confidence medium
Williams v. State, 504 So.2d 392, 393 (Fla.1987).
discussed Cited as authority (rule) Cave v. State
Fla. · 1995 · confidence medium
In Williams v. State, 504 So.2d 392, 393 (Fla.1987), the Court stated: Neither the continuing and persistent pattern of criminal activity nor the timing of each offense in relation to prior offenses and release from incarceration or supervision are aspects of a defendant’s prior criminal history which are factored in to arrive at a presumptive guidelines sentence.
cited Cited as authority (rule) McKinney v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
Williams v. State, 504 So.2d 392, 393 (Fla. 1987).
discussed Cited as authority (rule) Jones v. State
Fla. · 1989 · confidence medium
With regard to the grounds for departure, we recently stated in Williams v. State, 504 So.2d 392, 393 (Fla. 1987), that [n]either the continuing and persistent pattern of criminal activity nor the timing of each offense in relation to prior offenses and release from incarceration or supervision are aspects of a defendant's prior criminal history which are factored in to arrive at a presumptive guidelines sentence.
cited Cited as authority (rule) Gibson v. State
Fla. · 1989 · confidence medium
The district court then affirmed on authority of this Court's holding in Williams v. State, 504 So.2d 392, 393 (Fla. 1987).
discussed Cited as authority (rule) State v. Perez (2×) also: Cited "see"
Fla. Cir. Ct. · 1989 · confidence medium
As stated by the Court in Williams v State, 504 So.2d 392, 393 (Fla. 1987): . . .
cited Cited as authority (rule) State v. Jones
Fla. · 1988 · confidence medium
Id. at 392-93.
discussed Cited as authority (rule) State v. Jefferson (2×) also: Cited "see"
Fla. Cir. Ct. · 1988 · confidence medium
As stated by the Court in Williams v State, 504 So.2d 392, 393 (Fla. 1987): . . .
discussed Cited as authority (rule) Jones v. State
Fla. Dist. Ct. App. · 1988 · confidence medium
We uphold the court’s reason for departure regarding the timing of the offenses, Williams v. State, 504 So.2d 392, 393 (Fla.1987), but are not convinced that the court would have departed for that reason only.
cited Cited as authority (rule) Powell v. State
Fla. Dist. Ct. App. · 1987 · confidence medium
Williams v. State, 504 So.2d 392, 393 (Fla.1987); Shelton v. State, 510 So.2d 1068 (Fla. 2d DCA 1987).
cited Cited as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 1987 · confidence medium
Williams v. State, 504 So.2d 392, 393 (Fla. 1987); Hendrix v. State, 475 So.2d 1218 (Fla. 1985).
discussed Cited as authority (rule) Santana v. State
Fla. Dist. Ct. App. · 1987 · confidence medium
Therefore, there is no prohibition against basing a departure sentence on such factors. 504 So.2d at 393 (emphasis added); see also Fuller v. State, 488 So.2d 594 (Fla. 2d DCA 1986) (lack of respect for the law and judicial system is a valid departure reason).
discussed Cited "see" Smart v. State
Fla. Dist. Ct. App. · 2013 · signal: see · confidence high
See Williams v. State, 504 So.2d 392, 393-94 (Fla.1987) (finding the frequency of the defendant’s conduct in view of the short duration from his previous release from incarceration a valid reason for departure); Keys v. State, 500 So.2d 134, 135-36 (Fla.1986) (finding escalation of violent behavior a valid reason for departure); Booker v. State, 482 So.2d 414, 419 (Fla. 2d DCA 1985) (finding the defendant’s failure to respond to rehabilitative efforts a justification for departure); Smith v. State, 454 So.2d 90, 91-92 (Fla. 2d DCA 1984) (affirming as a valid reason for departure the trial …
cited Cited "see" Phillips v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla.1987); Keys v. State, 500 So.2d 134 (Fla.1986).
cited Cited "see" Small v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla.1987); Fuller v. State, 488 So.2d 594 (Fla. 2d DCA 1986).
cited Cited "see" State v. Roger
Fla. Cir. Ct. · 1989 · signal: see · confidence high
See Williams v State, 504 So.2d 392 (Fla. 1987).
cited Cited "see" Bradshaw v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla.1987).
discussed Cited "see" Evans v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla. 1987); Newland v. State, 508 So.2d 486 (Fla. 3d DCA 1987); Walker v. State, 496 So.2d 220 (Fla. 3d DCA 1986); Swain v. State, 455 So.2d 533 (Fla. 1st DCA 1984).
cited Cited "see" Cord v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla.1987).
cited Cited "see" Livingston v. State
Fla. · 1988 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla. 1987); Burch v. State, 462 So.2d 548 (Fla. 1st DCA), approved on other grounds, 476 So.2d 663 (Fla. 1985).
cited Cited "see" Kimmel v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986), aff'd, 504 So.2d 392 (Fla.1987).
cited Cited "see" Jones v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Williams v. State, 504 So.2d 392, 393 (Fla.1987); Jones v. State, 501 So.2d 178, 179 (Fla. 4th DCA 1987).
discussed Cited "see" McMillan v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla. 1987); Brockington v. State, 506 So.2d 495 (Fla.5th DCA 1987); Shelton v. State, 510 So.2d 1068 (Fla.2d DCA 1987); Harmon v. State, 506 So.2d 500 (Fla.1st DCA 1987).
cited Cited "see" Love v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla. 1987).
discussed Cited "see" Winkler v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla.1987) (no prohibition against basing a departure sentence on continuing and persistent pattern of criminal activity or timing of each offense in relation to prior offenses and release from incarceration or supervision).
cited Cited "see" Chenard v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Williams v. State, 504 So.2d 392 (Fla. 1987); Newland v. State, 508 So.2d 486 (Fla. 3d DCA 1987); Smith v. State, 487 So.2d 1088 (Fla. 5th DCA 1985). [2] 3.
cited Cited "see" Pringle v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Brockington v. State, 506 So.2d 495 (Fla. 5th DCA 1987) (citing Williams v. State, 504 So.2d 392 (Fla.1987)).
cited Cited "see, e.g." Mauney v. State
Fla. Dist. Ct. App. · 1989 · signal: see also · confidence low
Lee v. State, 537 So.2d 704 (Fla. 1st DCA 1989); see also Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986), affirmed, 504 So.2d 392 (Fla.1987).
discussed Cited "see, e.g." Robinson v. State
Fla. Dist. Ct. App. · 1988 · signal: see, e.g. · confidence low
See, e.g., ( Jessie) Williams v. State, 504 So.2d 392 (Fla. 1987); Allen v. State, 522 So.2d 850 (Fla. 4th DCA), rev. denied, 518 So.2d 1273 (Fla. 1987); McMillan v. State, 516 So.2d 1064 (Fla. 4th DCA 1987), rev. denied, 525 So.2d 879 (Fla. 1988); Leath v. State, 487 So.2d 384 (Fla. 4th DCA 1986); Pullens v. State, 516 So.2d 34 (Fla. 2d DCA 1987); Ashley v. State, 510 So.2d 970 (Fla. 5th DCA), rev. denied, 519 So.2d 986 (Fla. 1987).
discussed Cited "see, e.g." Anthony v. State
Fla. · 1988 · signal: compare · confidence low
Compare Williams v. State, 504 So.2d 392 (Fla. 1987) (trial court's statement was not mere expression of general disagreement with recommended guidelines sentence; rather, trial court was expressing conclusion that based upon the reasons given in this case departure was justified).
cited Cited "see, e.g." McGriff v. State
Fla. Dist. Ct. App. · 1988 · signal: see also · confidence low
Keys v. State, 500 So.2d 134 (Fla. 1986); see also Williams, 504 So.2d at 393 ; Brockington v. State, 506 So.2d 495 (Fla. 5th DCA 1987).
cited Cited "see, e.g." Tillman v. State
Fla. · 1988 · signal: see also · confidence low
Weems v. State, 469 So.2d 128 (Fla. 1985); See also Williams v. State, 504 So.2d 392 (Fla. 1987).
cited Cited "see, e.g." McGriff v. State
Fla. Dist. Ct. App. · 1987 · signal: see also · confidence low
Keys v. State, 500 So.2d 134 (Fla.1986); see also Williams v. State, 504 So.2d at 393 ; Brockington v. State, 506 So.2d 495 (Fla. 5th DCA 1987).
discussed Cited "see, e.g." Ruiz v. State
Fla. Dist. Ct. App. · 1987 · signal: compare · confidence low
Compare Hendrix v. State, 475 So.2d 1218 (Fla. 1985) and Giles v. State, 512 So.2d 283 (Fla. 3d DCA 1987) and Harris v. State, 509 So.2d 1299 (Fla. 1st DCA 1987) with Williams v. State, 504 So.2d 392 (Fla. 1987) and Brown v. State, 513 So.2d 213 (Fla. 1st DCA 1987) and Ashley v. State, 510 So.2d 970 (Fla. 5th DCA 1987).
discussed Cited "see, e.g." Bush v. State (2×)
Fla. Dist. Ct. App. · 1987 · signal: compare · confidence low
Compare Rousseau to Williams v. State, 504 So.2d 392 (Fla.1987), in which the court affirmed this court’s finding in Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986) that “the trial court’s description of Williams’ ‘frequent contacts with the criminal justice system [was] something substantially more than a mere reference to the defendant’s prior criminal record.’ ” 504 So.2d at 393 , quoting Williams v. State, 484 So.2d at 72 (e.s.).
Jessie WILLIAMS, III, Petitioner,
v.
STATE of Florida, Respondent.
68505.
Supreme Court of Florida.
Mar 19, 1987.
504 So. 2d 392
Ehrlich.
Cited by 105 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 87%
Citer courts: Supreme Court of Florida (1)

Michael E. Allen, Public Defender, Second Judicial Circuit, Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Jr., Atty. Gen., Henri C. Cawthon, Raymond L. Marky, Asst. Attys. Gen., Tallahassee, for respondent.

EHRLICH, Justice.

We have for review a sentencing guidelines decision, Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986), because of apparent conflict with this Court's decision in Hendrix v. State, 475 So.2d 1218 (Fla. 1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution and approve the decision below.

Williams pled guilty to aggravated battery and burglary of a dwelling with an assault. The trial judge departed from the presumptive guidelines range of four and one-half to five and one-half years, imposing two ten-year concurrent terms. The trial judge gave the following written reasons for departure:

1. The Defendant as a juvenile was committed to the Department of HRS for the offense of Arson dated January 11, 1977. He was committed also in Case No. 76-466 for Arson and Burglary of an Occupied Dwelling, and again committed for Shoplifting dated August 18, 1978. At age eighteen (18) years, the Defendant[*393] was sentenced to Department of Corrections for three (3) years for Burglary of a Structure dated February 19, 1979 and paroled September 16, 1980. He was charged with violation of his parole on March 3, 1981 having only been out of prison for some six months. On July 10, 1981 the Defendant was again sentenced to the Department of Corrections on the offense of Attempted Burglary for five (5) years. On December 10, 1983 he was discharged as to that sentence and after only approximately ten (10) months committed the instant offense on October 6, 1984.
2. The continuing criminal behavior since the Defendant's age of sixteen years demonstrates his total disregard for the rehabilitative efforts of the past dispositions for his criminal behavior. There is no hope for rehabilitation of this individual.
3. The Defendant served approximatley fourteen (14) months on his first three (3) year Department of Corrections sentence and some twenty-nine (29) months on the five (5) year Department of Corrections sentence. Under sentencing guidelines for standing convicted of Burglary of a Dwelling with Intent to Commit an Assault and Aggravated Battery, this Defendant would receive a recommended sentence of four and one-half (4 1/2) to five and one-half years (5 1/2) which with gain time might allow him to serve less time on these serious violations than he served on his last period of incarceration. This should not be the intent of a sentence and the punishment for his criminal conduct in the present cases should be substantially greater to protect society and deter him in future criminal activities.
4. To impose the suggested sentence under sentencing guidelines would make a mockery of this court's sentencing goal.
5. The frequency of the Defendant's criminal conduct and especially in view of the short duration from his previous periods of incarceration with the Department of Corrections demonstrates a need for punishment greater than that provided by Rule 3.701, Fla.R.Crim.P.

On appeal, the district court affirmed the departure sentence, rejecting Williams argument that the trial judge's departure was based solely upon his prior criminal record, contrary to this Court's decision in Hendrix. The district court correctly noted that under this Court's decision in Weems v. State, 469 So.2d 128 (Fla. 1985), Williams' juvenile record constituted a clear and convincing reason for departure.[*]

We also agree with the district court that the trial court's description of Williams' "frequent contacts with the criminal justice system [was] something substantially more than a mere reference to the defendant's prior criminal record." 484 So.2d at 72. In Keys v. State, 500 So.2d 134 (Fla. 1986), we recently rejected the argument that a trial judge's consideration of a defendant's "escalating course of criminal conduct" was nothing more than consideration of a defendant's prior criminal history contrary to Hendrix. Hendrix precludes reliance upon only those aspects of a defendant's prior criminal record which have been factored in for scoring purposes. See Hendrix, 475 So.2d at 1220. Neither the continuing and persistent pattern of criminal activity nor the timing of each offense in relation to prior offenses and release from incarceration or supervision are aspects of a defendant's prior criminal history which are factored in to arrive at a presumptive guidelines sentence. Therefore, there is no prohibition against basing a departure sentence on such factors.

We also reject Williams' contention that the trial court's rejection of the guidelines sentence in this case was merely an expression of his general disagreement with the sentencing guidelines and was, thus, an improper reason for departure under this Court's decisions in Williams v. State, 492 So.2d 1308, 1309 (Fla. 1986) ("A trial judge may not substitute his own opinion for that of the Sentencing Guidelines Commission simply because he does not[*394] agree with the presumptive sentence."), and Scurry v. State, 489 So.2d 25 (Fla. 1986). The trial judge here was not merely substituting his opinion as to the appropriate sentence for that of the Sentencing Guidelines Commission; rather, he was expressing his conclusion that based upon the reasons given in this case departure was justified.

Accordingly, finding that the trial judge's departure sentence was based on clear and convincing reasons, we approve the decision below.

It is so ordered.

McDONALD, C.J., OVERTON, SHAW and BARKETT, JJ., and ADKINS, J. (Ret.), concur.

[*] Williams urges this Court to recede from our holding in Weems. We decline to do so.