JOE A. WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Joe Anthony Wallace appeals his convictions and sentences on several felony charges. We affirm appellant’s convictions and sentences with the exception that the sentence for Count I, burglary, is vacated and remanded for resentencing.
Wallace’s previous burglary conviction was overturned and remanded for a new trial. Wallace v. State, 575 So. 2d 670 (Fla. 4th DCA1991). At the conclusion of his prior trial, Wallace was sentenced to fifteen years in prison. Upon retrial, a sentence of thirty years was imposed. This increase was not justified by an explanation by the trial judge or an intervening event. The increased sentence was therefore improper. Blackshear v. State, 531 So. 2d 956 (Fla.1988). But see, Alabama v. Smith, 490 U.S. 794, 109 S.Ct. 2201, 104 L.Ed.2d 865 (1989).
DELL, J., and WALDEN, JAMES H., Senior Judge, concur. ANSTEAD, J., concurs specially.
ANSTEAD, Judge,
concurring specially.
Although I agree with the majority that the utilization of the county court judge as a circuit judge herein appears to pass mus ter under Crusoe v. Rowls, 472 So. 2d 1163 (Fla.1985), there remains a serious question as to the efficacy of assigning county court judges to part-time circuit court work on a continuous basis. Here, the county court judge has apparently been assigned part-time circuit court duties “ever since he has been a judge,” albeit at six (6) month intervals. This de facto creation of a permanent part-time circuit judge may well violate the constitutional provisions interpreted in Pa/yret v. Adams, 500 So. 2d 136 (Fla. 1986). In my view, the supreme court should enact specific guidelines in the Florida Rules of Judicial Administration that would put this issue to rest.
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The Honorable Joe A. Wild v. Dozier, 672 So. 2d 16 (Fla. 1996)…zier’s case and the administrative order at issue here. Moreover, regardless of how this case is resolved, I agree with Justice Anstead that this Court should enact specific guidelines for making temporary judicial assignments. See Wallace v. State, 609 So. 2d 64, 65 (Fla. 4th DCA 1992) (Anstead, J., concurring specially). Thus, in the hope of eliminating much of the confusion that exists in this area, I would ask the Judicial Administration Rules Committee to propose specific guidelines for assignments made…
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Judges OF the Polk Cnty. Court v. Gustav Ernst, 615 So. 2d 276 (Fla. 2d DCA 1993)…the propriety of the actions of his fellow judges. We would join in the suggestion of Judge Anstead in his specially concurring opinion that specific guidelines in the Florida Rules of Judicial Administration would be most helpful. Wallace v. State, 609 So. 2d 64 (Fla. 4th DCA 1992).…
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Authorities Cited
- Alabama v. Smith, 490 U.S. 794 (U.S. 1989)
- Blackshear v. State, 531 So. 2d 956 (Fla. 1988)
- Payret v. The Honorable Don T. Adams, 500 So. 2d 136 (Fla. 1986)
- The Honorable John E. Crusoe v. Rowls, 472 So. 2d 1163 (Fla. 1985)
- Wallace v. State, 575 So. 2d 670 (Fla. 4th DCA 1991)