[DOWNLOAD] "Kevin David Laberge v. State Florida" by Fifth District Court of Appeal of Florida * eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: Kevin David Laberge v. State Florida
• Author : Fifth District Court of Appeal of Florida
• Release Date : January 07, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Defendant, a teacher's aide at a school for mentally and emotionally handicapped children, was convicted by jury of lewd assault (section 800.04, Florida Statutes) upon an eight year old autistic boy child at the school. The recommended guidelines sentence was community control or twelve to thirty months incarceration. The trial court departed from the guidelines recommendation and imposed a $5000 fine, imprisonment for five years plus ten years probation, giving three written reasons: (1) the court found and adjudicated defendant to be a mentally disordered sex offender under section 917.012, Florida Statutes, and that treatment of the defendant under this act requires a sentence longer than the guidelines recommendation, (2) the defendant violated a public and private trust resulting from the defendant's custodial control over the child victim, and (3) the unusual and extraordinary circumstances of the child victim's handicapped condition make him especially vulnerable. In Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984), approved, 476 So.2d 161 (Fla. 1985), the court found that there was no logical connection between the defendant's need for mental treatment and an extended term of imprisonment. In Vance v. State, 475 So.2d 1362 (Fla. 5th DCA 1985), this court agreed with the observation in Young and now it appears Young is again applicable in this case. All persons convicted of section 800.04, Florida Statutes, are potentially mentally disordered sex offenders. The adjudication of the defendant to be a mentally disordered sex offender under section 917.012, Florida Statutes, does not per se constitute a clear and convincing reason to depart from the recommended guidelines sentence. There is no evidence that the treatment contemplated for the sex offender under that statute cannot be accomplished within the recommended guidelines sentence. Therefore, the first reason for departure is not a clear and convincing reason.

Ebook Free Online "Kevin David Laberge v. State Florida" PDF ePub Kindle