Lerma v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying Mischler to the stated reasons for departure in a sexual battery case, i.e., dangerousness of the defendant and helplessness of the victim
• departure cannot be based on a factor common to nearly all crimes in the sentencing category
• excessive brutality constituted clear and convincing reason to depart for sexual battery through use of slight force
• supreme court's finding that trial court relied on both proper and improper reasons to justify departure required remand for resentencing
• supreme court analyzes reasons for departure set out in a narrative form

Source: CourtListener parenthetical corpus (CC0).

Cited by

86 cases in this archive cite this case; the 20 most cited are listed.

• Keys v. State
  Supreme Court of Florida· 1986-12-24· cited 108×
• State v. Rousseau
  Supreme Court of Florida· 1987-06-11· cited 108×
• Casteel v. State
  Supreme Court of Florida· 1986-12-11· cited 87×
• Adaway v. State
  Supreme Court of Florida· 2005-03-17· cited 61×
• Wemett v. State
  Supreme Court of Florida· 1990-08-30· cited 46×
• Vanover v. State
  Supreme Court of Florida· 1986-11-26· cited 42×
• Zordan v. Page
  District Court of Appeal of Florida· 1986-12-19· cited 40×
• Davis v. State
  Supreme Court of Florida· 1987-12-23· cited 36×
• Wilson v. State
  Supreme Court of Florida· 1990-09-06· cited 25×
• State v. Obojes
  Supreme Court of Florida· 1992-08-27· cited 15×
• Watson v. State
  District Court of Appeal of Florida· 1986-12-02· cited 13×
• Hipp v. State
  District Court of Appeal of Florida· 1987-07-01· cited 13×
• Lamarca v. State
  District Court of Appeal of Florida· 1987-11-03· cited 13×
• State v. Fletcher
  Supreme Court of Florida· 1988-09-08· cited 12×
• Hallman v. State
  Supreme Court of Florida· 1990-04-12· cited 12×
• Hall v. State
  District Court of Appeal of Florida· 1987-03-18· cited 10×
• Whitfield v. State
  District Court of Appeal of Florida· 1987-11-12· cited 10×
• Laberge v. State
  District Court of Appeal of Florida· 1987-05-07· cited 9×
• Smith v. State
  District Court of Appeal of Florida· 1988-06-22· cited 9×
• Lawson v. State
  District Court of Appeal of Florida· 1986-11-25· cited 9×

Cites

6 cases in this archive are cited by this case.

• State v. Mischler
  Supreme Court of Florida· 1986-04-03· cited 241×
• Scurry v. State
  Supreme Court of Florida· 1986-06-05· cited 114×
• Hankey v. State
  Supreme Court of Florida· 1986-04-03· cited 52×
• Casteel v. State
  District Court of Appeal of Florida· 1986-01-03· cited 27×
• Lerma v. State
  District Court of Appeal of Florida· 1985-10-03· cited 7×
• Sharp v. State
  District Court of Appeal of Florida· 1986-11-18· cited 2×