ALFREDO H. CUNNINGHAM, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ALFREDO H. CUNNINGHAM, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
864 So. 2d 44
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Pursuant to the State’s proper concession, we vacate the defendant’s convictions for possession of a firearm by a convicted felon, as required by Thomas v. State, 777 So. 2d 957 (Fla.2001). On remand, the defendant’s sentence on this conviction shall also be vacated. The order is affirmed in all other respects.
Conviction vacated; remanded with instructions.
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Graham v. State, 982 So. 2d 43 (Fla. 1st DCA 2008)…murder was cruel and unusual based on the specific circumstances surrounding the offense). Additionally, several courts have upheld the imposition of a life sentence for a juvenile utilizing a similar disproportionality analysis. In Tate v. State, 864 So. 2d 44, 54 (Fla. 4th DCA 2003), the Fourth District considered a juvenile’s challenge to the imposition of a true life sentence for his brutal murder of a six-year-old child and stated in pertinent part: And, finally, we reject the argument that a life se…
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Gonzalez v. State, 50 So. 3d 633 (Fla. 1st DCA 2010)…lpability may be diminished somewhat because of his age at the time of the commission of the crime, the factor of his age is outweighed by his heinous conduct and the ultimate harm-death-that he inflicted upon his victim.” Id.See also Tate v. State, 864 So. 2d 44, 54-55 (Fla. 4th DCA 2003) (finding a life sentence for a 12-year-old convicted of the first-degree murder of an 8-year-old was not grossly disproportionate, relying on Phillips, 807 So. 2d 713). Furthermore, despite appellant’s contention, his vol…
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A.G. v. State, 895 So. 2d 473 (Fla. 4th DCA 2005)…rule regarding discharge [*475] of a ease creates the presumption that the competency rule provisions should prevail. This court has recently addressed the primacy of competency evaluations in the prosecution of juveniles, finding in Tate v. State, 864 So. 2d 44 (Fla. 4th DCA 2003), that the trial court’s failure to order, sua sponte, a pre-trial competency evaluation constituted a violation of the child’s due process rights where the child committed the crime at the age of twelve but had a developmental ag…
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- Thomas v. State, 777 So. 2d 957 (Fla. 2001)