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State Courts -
Florida - March 7, 2008
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Burns v. State, Case No. 5D07-2624,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: Summarily denying inmate's Fla. R. Crim. P. 3.800(a) motion to correct sentencing was error. If, as he claimed, had been sentenced under the unconstitutional 1995 guidelines, rather than the 1994 guidelines, and his sentence could not be imposed under 1994 guidelines without a departure, he was entitled to resentencing under the 1994 guidelines.
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C.A.F. v. State, Case No. 5D07-3982,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: In a juvenile delinquency case, as the trial court imposed "conditions of release," including dusk-to-dawn curfew, without conducting a risk assessment under ? 985.245, Fla. Stat. (2007), and did not comply with Fla. R. Juv. P. 8.005 -.013, its pre-trial detention order was illegal.
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Carter v. State, Case No. 5D07-936,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: Trial court's special condition of probation required defendant to complete any substance abuse or mental health counseling, vocation and rehabilitation programs, and therapy that his probation officer recommended. As this was a broad, rather than a circumscribed, delegation of judicial authority to the probation officer, it was improper.
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Dep't of Highway Safety & Motor Vehicles v. Johnson, Case No. 5D06-2931,
COURT OF APPEAL OF FLORIDA, FIFTH DISTRICT, March 7, 2008, Opinion Filed
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Overview: While ch. 98, ? 223, Laws of Fla., which deleted a provision of ? 322.271, Fla. Stat., that allowed person with four DUI convictions to apply for reinstatement of licence, violated the single subject rule, ch. 03, ? 25, Laws of Fla., cured this defect. Thus, amended ? 322.271, Fla. Stat., became operative on the effective date of 03 Fla. Laws 25.
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