LIDALE R. KELLUM
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-05-18
No. 16-2188
242 So. 3d 539 Florida District Court of Appeal, First District (2018)

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Holding

The trial court properly applied LSA-C.Cr.P. art. 894.1 sentencing guidelines, adequately stated its considerations in the record, and the three-year hard labor sentence for possession of marijuana with intent to distribute is not excessive and does not shock the sense of justice.


Headnotes

[1] A trial court adequately considers sentencing guidelines when it states in writing the considerations taken into account and the factual basis therefor, even if it does n…

[2] A sentence will not be set aside as excessive absent a manifest abuse of the trial court's sentencing discretion.

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Key Quotes

“”

Standard for appellate review of sentencing guidelines compliance—trial court need not exhaustively address every factor

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Facts & Procedural History

On November 3, 1983, a search warrant of defendant's Florien, Louisiana residence executed pursuant to a confidential informant's tip yielded four bag…

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Opinion of the Court

B.L. THOMAS, C.J., and ROWE and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Henry Sims, Public Defender, Panama City, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.


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