BENJAMIN MONTGOMERY, PETITIONER,

v.

FLORIDA PAROLE COMMISSION, RESPONDENT

Citator

Cited By

• State v. Javares Jones, 180 So. 3d 1085 (Fla. 4th DCA 2015)
  …ian, 524 U.S. 321, 336-37, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998). We start our review by noting several fundamental precepts of the law. First, a court should interpret a statute in a manner that would uphold its constitutionality. State v. Wells, 965 So. 2d 834, 837 (Fla. 4th DCA 2007). Second, “judgments about the appropriate punishment for an offense belong in the first instance to the legislature.” Bajakajian, 524 U.S. at 336, 118 S.Ct. 2028. Third, “the courts will not declare a statutory fine to be ex…
• Reaves v. State, 979 So. 2d 1066 (Fla. 1st DCA 2008)
  …did not abuse its discretion by denying Appellant’s motion to withdraw his guilty plea. Ill Regarding the facial validity of section 316.191, Appellant claims the statute should be found unconstitutionally vague [*1071] pursuant to State v. Wells, 965 So. 2d 834 (Fla. 4th DCA 2007). However, as discussed below, we find that the statute can be interpreted in such a way as to survive a facial constitutional challenge. A statute cannot be declared unconstitutional unless it is determined to be invalid beyond…
• State v. Hailey Graziano, 965 So. 2d 379 (Fla. 4th DCA 2007)
  …PER CURIAM. Affirmed. See State v. Wells, No. 4D06-3425, 965 So. 2d 834, 2007 WL 2609461 (Fla. 4th DCA Sept.12, 2007) (holding Florida Statutes section 316.191 (2005) facially unconstitutional). STONE, STEVENSON and HAZOURI, JJ., concur.…

Authorities Cited

• Hollingsworth v. Szczecina, 731 So. 2d 790 (Fla. 1st DCA 1999)