RANDALL EDWARDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WARNER, J.
Appellant appeals a sentence of fifteen years for escape, claiming that it is grossly disproportionate to the crime. A constitutional claim that a punishment is cruel and unusual requires a proportionality analysis, which appellant has not argued. See Solem v. Helm, 463 U.S. 277, 290-92, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983); Hale v. State, 630 So. 2d 521, 525-26 (Fla.1993). He simply points to the specific facts, which show that his “escape” constituted only the attempt to bolt out of the courtroom after he received a stiffer sentence than he expected for another crime. However, a proportionality analysis focuses on the crime charged and the legislatively imposed punishment for the crime, not the specific facts of a particular case. See Solem, 463 U.S. at 290-92, 103 S.Ct. 3001. We cannot say that a sentence of fifteen years for the crime of escape violates the cruel and unusual punishment clause, and appellant has given us no argument to suggest otherwise.
SHAHOOD and MAY, JJ., concur.
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Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)…Ed.2d 836 (1991)). In applying this “minimum standard,” we have held that “proportionality analysis focuses on the crime charged and the legislatively imposed punishment for the crime, not the specific facts of a particular case.” Edwards v. State, 885 So. 2d 1039, 1039 (Fla. 4th DCA 2004). Within this context, we recognize that “[i]t is within the legislature’s power to prohibit any act, determine the class of an offense, and prescribe punishment.” Iacovone v. State, 639 So. 2d 1108, 1109 (Fla. 2d DCA 1994)…
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Alfonso-Roche v. State, 199 So. 3d 941 (Fla. 4th DCA 2016)…nality analysis focuses on the crime charged and the legislatively imposed punishment for the crime, not the specific facts of a particular case.' ” Peters v. State, 128 So. 3d 832, 850 (Fla. 4th DCA 2013) (emphasis added) (quoting Edwards v. State, 885 So. 2d 1039, 1039 (Fla. 4th DCA 2004)). Thus, the Eighth Amendment questions to be asked in this case are:10 (1) Is it grossly disproportional to impose a thirty-year sentence for the crime of grand theft where the value [*958] of the property taken is $20,000…
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Hanf v. State, 182 So. 3d 704 (Fla. 1st DCA 2015)…e of criminal activity. . While it is unclear to what extent a court may consider the facts of a particular case in the analysis of whether the sentence for a particular charge is considered to be cruel and unusual punishment, see Edwards v. State, 885 So. 2d 1039 (Fla. 4th DCA 2004) (holding that "a proportionality analysis focuses on the crime charged and the legislatively imposed punishment for the crime, not the specific facts of a particular case”), the evidence of the surrounding circumstances presented…1 / 2
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- Solem v. Helm, 463 U.S. 277 (U.S. 1983)
- Hale v. State, 630 So. 2d 521 (Fla. 1993)