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Barr v. State

674 So.2d 628 (1996)

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Barr v. State

Florida Supreme Court

674 So.2d 628 (1996)

Facts

Charles Frederick Barr (defendant) stole a car at gunpoint and engaged police in a high-speed chase in heavy traffic that nearly caused several accidents. He was convicted of armed robbery and sentenced to 25 years in prison, considerably more than the recommended guideline sentence of seven to nine years. The trial judge entered an upward departure order explaining that Barr displayed flagrant disregard for others and endangered the lives of innocent people. Barr appealed, arguing that the Florida Rules of Criminal Procedure prohibited an upward departure for conduct chargeable as a separate crime. Otherwise, the upward departure would amount to sentencing without trial and conviction for that crime, depriving Barr’s constitutional right to a trial.

Rule of Law

Issue

Holding and Reasoning (Harding, J.)

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