DAVID LEE MUNDY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (35 total)

• Verro Chambers v. State, 752 So. 2d 64 (Fla. 1st DCA 2000)
  …ed review in Woods. Until and unless the supreme court decides the question, appellant cannot prevail on his separation of powers challenge to the act. Appellant’s cruel and unusual punishment argument was rejected by this court in Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999). In Turner, the court said: “We do not find that imposition of the maximum sentence provided by statutory law constitutes cruel or unusual punishment, because there is no possibility that the Act inflicts torture or a lingering d…

  ← 1 / 2 →
• Hall v. State, 773 So. 2d 99 (Fla. 1st DCA 2000)
  …ion of the maximum sentence provided by statutory law constitutes cruel or unusual punishment, because there is no possibility that the Act inflicts torture or a lingering death or the infliction of unnecessary and wanton pain.” See Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999), review granted, No. SC96631, — So. 2d - (Fla. Feb. 3, 2000). See also Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999) (citing Turner in context of disproportion-ality argument), review granted, 761 So. 2d 329 (Fla.2000). We a…
• Grant v. State, 745 So. 2d 519 (Fla. 2d DCA 1999)
  …rmine whether the act would be unconstitutional as a violation of separation of powers if this court interpreted the act to give the trial judge no discretion in sentencing. Second, I believe that the First District’s reasoning in Turner v. State, 745 So. 2d 351 (Fla. 1st DCA 1999), concerning the issue of cruel or unusual punishment is incorrect or at least insufficient. Turner relies on language from a case involving the death penalty. To determine whether Prison Releasee Reoffender sentencing is cruel or…

  ← 1 / 2 →