STATE OF FLORIDA v. SHERRY CROSSLEY-ROBINSON
275 So. 3d 662
Fla. Dist. Ct. App.2019Background
- Defendant Sherry Crossley-Robinson entered open no-contest pleas to one count of attempted robbery and four counts of robbery for five bank-related incidents across four victims over ~six months.
- Plea advisement: maximum penalties of 15 years per robbery, 5 years for attempted robbery; lowest permissible guideline sentence stated as 50.55 months.
- Defendant sought a downward departure under § 921.0026(2)(j) (unsophisticated, isolated incident, remorse) and § 921.0026(2)(i) (cooperation); trial court granted a downward departure and imposed concurrent sentences of 364 days jail + community control + probation terms.
- The State timely objected and appealed the downward departure for one case (16-13124CF10A); appellate review applied the two-step mixed standard from DeSantis.
- The Fourth District concluded the offenses were not "isolated incidents" and that the defendant’s telephonic report about her child did not constitute statutory "cooperation," so the statutory basis for the departure was unsupported.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Crossley-Robinson) | Held |
|---|---|---|---|
| Whether the crimes qualified as an "isolated incident" under § 921.0026(2)(j) | The multiple robberies over six months involving multiple victims show the offenses were not isolated; departure improper | The incidents were individually isolated and defendant had remorse, qualifying for departure | Held: Not isolated; multiple incidents over six months involving four victims preclude (2)(j) departure |
| Whether defendant’s post-investigation phone report about her child constituted "cooperation" under § 921.0026(2)(i) | The court relied on the report as cooperation warranting departure | Defendant claimed her report demonstrated cooperation with the State | Held: Insufficient—telephonic report of unrelated molestation (predating some offenses) did not establish statutory cooperation |
Key Cases Cited
- State v. Johnson, 193 So. 3d 32 (Fla. 3d DCA 2016) (post-discovery cooperation insufficient to warrant departure)
- State v. Coleman, 780 So. 2d 1004 (Fla. 4th DCA 2001) (confession or cooperation after arrest may not support departure when only prompted by evidence)
- State v. Bleckinger, 746 So. 2d 553 (Fla. 5th DCA 1999) (post-arrest confession and plea insufficient for cooperation factor)
- DeSantis v. State, 240 So. 3d 751 (Fla. 4th DCA 2018) (two-step review for downward departure: evidentiary support then abuse-of-discretion)
- Staffney v. State, 826 So. 2d 509 (Fla. 4th DCA 2002) (elements required to invoke § 921.0026(2)(j): unsophisticated, isolated, remorse)
- State v. Strawser, 921 So. 2d 705 (Fla. 4th DCA 2006) (multiple incidents over months defeat "isolated incident" finding)
- State v. Waterman, 12 So. 3d 1265 (Fla. 4th DCA 2009) (no bright-line rule; extensive record or multiple incidents negate isolation)
- Bellamy v. State, 199 So. 3d 480 (Fla. 4th DCA 2016) (extensive criminal record or multiple incidents show offense not isolated)