RAYMOND MCCLAIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Watrous v. State, 793 So. 2d 6 (Fla. 2d DCA 2001)
  …While I share the public’s outrage at the crimes committed by persons subject to the Act, I cannot condone the solution offered by the legislature. I join Judge Harris, for the reasons articulated by him in his concurring opinion in State v. Brewer, 767 So. 2d 1249 (Fla. 5th DCA 2000), in concluding that the Act unconstitutionally allows the State to extend the punishment of certain convicted sexual offenders and in effect to punish them for crimes they might commit in the future. So long as the Act is in effe…
• Futo Charles v. State, 204 So. 3d 63 (Fla. 4th DCA 2016)
  …(Fla.2010) (“[I]n enacting the 10-20-Life statute, the Legislature ‘has very clearly mandated that it is the policy of this State to deter the criminal use of firearms.’” (quoting McDonald v. State, 957 So. 2d 605, 611 (Fla.2007))); State v. Brewer, 767 So. 2d 1249, 1253 (Fla. 5th DCA 2000) (stating that “[t]here are four penological goals involved in criminal sentencing: retribution, deterrence, incapacitation, and rehabilitation”); Boyd v. State, 546 So. 2d 132, 133 (Fla. 4th DCA 1989) (noting that “one purp…
• Hudson v. State, 825 So. 2d 460 (Fla. 1st DCA 2002)
  …Id. at 646 (footnote omitted). We conclude that appellant has failed to carry his burden of demonstrating that the Act is so punitive in purpose or effect as to negate the state’s intent that it create a civil proceeding. But see State v. Brewer, 767 So. 2d 1249, 1252-56 (Fla. 5th DCA 2000) (Harris, J., concurring and concurring specially); Watrous v. State, 793 So. 2d 6, 14 (Fla. 2d DCA 2001) (Blue, J., concurring in part and dissenting in part). We conclude, further, that, because the proceeding establish…

Authorities Cited

• MSP Prods., Inc. v. Coastal Constr. Prods., Inc., 763 So. 2d 1240 (Fla. 1st DCA 2000)
• Crawford v. State, 763 So. 2d 1240 (Fla. 1st DCA 2000)