STATE OF FLORIDA, APPELLANT,
v.
ROGERDANE PANTHER, APPELLEE

Fla. 4th DCA | 2016-08-24
No. 4D15-4600
CIKLIN, C.J., WARNER and GROSS, JJ., concur.
198 So. 3d 1132 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

ON CONFESSION OF ERROR

PER CURIAM.

We reverse the county court’s order finding the mandatory $5,000 civil penalty imposed for solicitation of prostitution under section 796.07(6), Florida Statutes (2014), to be unconstitutionally excessive. See State v. Vachon, 182 So.3d 844 (Fla. 4th DCA 2016); State v. Jones, 180 So.3d 1085 (Fla. 4th DCA 2015).

CIKLIN, C.J., WARNER and GROSS, JJ., concur.


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  • N.D.W. v. State, 235 So. 3d 1001 (Fla. 2d DCA 2017)
    …g sentencing for the primary offense.” See also Fernandez v. State, 212 So. 3d 494, 496 (Fla. 2d DCA 2017). “[Consideration of subsequent charges with which the defendant has not been convicted violates due process .,. Id.; see also A.R.M. v. State, 198 So. 3d 1132, 1133 (Fla. 4th DCA 2016) .(noting that juvenile defendant’s due process rights were violated, pursuant to Norvil, when “the court took into account appellant’s arrests without conviction that occurred after the crimes in this ease”). The burden is…
  • C.J. v. State, 244 So. 3d 299 (Fla. 4th DCA 2018)
    …The Florida Supreme Court has set a bright line rule: “a trial court may not consider a subsequent arrest without conviction during sentencing for the primary offense.” Id. at 410. We applied Norvil to a juvenile disposition in A.R.M. v. State, 198 So. 3d 1132, 1133 (Fla. 4th DCA 2016). Here, the State argues Norvil should not apply to juveniles and cites to Barnes v. State, 227 So. 3d 216 (Fla. 5th DCA 2017). There, the Fifth District held: Barnes is correct that, under the Criminal Punishment C…
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