JOHN ANDREW MCAFEE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a sexual battery conviction and 30-year sentence after remanding for clarification that the trial court had considered and rejected probation as an alternative sanction.
A trial court's 30-year sentence for sexual battery is affirmed when the court has considered and rejected probation as an alternative sanction.
[1] A trial court must consider probation as an alternative sanction before imposing a substantial prison sentence, and must make a record of such consideration.
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Join FLexlaw to unlock all legal intelligenceMcAfee was convicted by jury of sexual battery and sentenced to 30 years imprisonment.…
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DOWNEY, Judge.
This case involves an appeal from a judgment of guilty of sexual battery entered pursuant to a jury verdict and from a sentence of 30 years.
We have considered appellant’s three points on appeal and found possible merit in only one of said points, that having to do with suggested error in the failure of the trial court to consider probation as an alternative sanction to sentencing appellant to a 30 year term of imprisonment. Since the transcript was not clear on whether the trial court fully understood and considered the alternatives available to him, we remanded the cause to the trial court to determine whether he had considered the alternative of placing appellant on probation, as allowed by Roberts v. State, 335 So. 2d 285 (Fla.1976), and Berezovsky v. State, 350 So. 2d 80 (Fla.1977). The trial court has entered a written order stating that: (a) he was fully familiar with the alternative of probation at the time that he sentenced appellant; (b) such alternative was considered by him; and (c) he did not feel probation was appropriate in this case.
Having fully considered all of appellant’s points and arguments and having found no error demonstrated, we affirm the judgment and sentence appealed from.
ANSTEAD and HURLEY, JJ., concur.
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Emory Jack Brown, Jr. v. State, 454 So. 2d 596 (Fla. 5th DCA 1984)…e should grant a motion for directed verdict. This court, as with other courts, has recognized the principle that ordinarily the question of whether a homicide was committed in justifiable self-defense is a question for the jury. McCauley v. State, 405 So. 2d 1350 (Fla.5th DCA 1981). On the other hand, when the State fails to carry its burden of proof, or where the State’s evidence clearly shows that a homicide was committed in self-defense, courts of this State have not hesitated to reverse jury convictions…
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Nagy v. State, 459 So. 2d 1107 (Fla. 5th DCA 1984)…a matter of law. Although we have so ruled upon occasion, Brown v. State, 454 So. 2d 596 (Fla. 5th DCA 1984), in this situation where there are facts in dispute, some which support the jury’s adverse determination, we must affirm. McCauley v. State, 405 So. 2d 1350 (Fla. 5th DCA 1981); Teague v. State, 390 So. 2d 405 (Fla. 5th DCA 1980); Shiver v. State, 327 So. 2d 251 (Fla. 4th DCA 1976). In this case, there was evidence incompatible with Nagy’s position that he was not the aggressor but acted in self-defens…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roberts v. State, 335 So. 2d 285 (Fla. 1976)
- Jiri Berezovsky v. State, 350 So. 2d 80 (Fla. 1977)