ROBERT V. ETTARI, APPELLANT,

v.

JUNE A. ETTARI, APPELLEE

Citator

Cited By

• Reese v. State, 639 So. 2d 1067 (Fla. 4th DCA 1994)
  …placed in the record to support the state’s allegations. This court has held that a trial judge may consider other arrests at sentencing hearings if the defendant is given the opportunity to explain or offer evidence on the issue. Jansson v. State, 399 So. 2d 1061 (Fla. 4th DCA 1981). Likewise, the presentence investigation report prepared by the Department of Corrections may contain the offender’s prior arrest record. § 921.231(1)(c), Fla.Stat. However, the unsupported speculations offered by the state in th…
• Titus Seays v. State, 789 So. 2d 1209 (Fla. 4th DCA 2001)
  …lied. We adopt this as the proper test and, applying it here, reverse the defendant’s sentence and remand for resen-tencing before a different judge. See also Cook v. State, 647 So. 2d 1066 (Fla. 3d DCA 1994). The state relies on Jansson v. State, 399 So. 2d 1061 (Fla. 4th DCA 1981). In Jansson, the issue was whether the trial court had erred in considering prior arrests which were reflected in the presentence investigation report and other information. This court held, after considering federal law as well…
• Whitehead v. State, 21 So. 3d 157 (Fla. 4th DCA 2009)
  …oses of sentencing so long as the court recognizes that these arrests are not convictions or findings of guilt, and the defendant is given an opportunity to explain or offer evidence on the issue of his prior arrests. Id. (quoting Jansson v. State, 399 So. 2d 1061,1064 (Fla. 4th DCA 1981)). We find no error in the trial court’s consideration of the defendant’s pending charge in Indian River County because it was relevant to the sentencing of the defendant. Unlike Potts and Seays, the defendant was not punish…

Authorities Cited

• Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)