ADAMS

v.

WASHINGTON

Citator

Cited By (16 total)

• Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
  …e recognize that the power to define crimes and punishments in derogation of the common law inheres in the legislative branch, Borges v. State, 415 So. 2d 1265,1267 (Fla.1982); Wilson v. State, 225 So. 2d 321, 323 (Fla.1969), rev’d on other grounds, 403 U.S. 947, 91 S.Ct. 2286, 29 L.Ed.2d 858 (1971), subject to constitutional limitations. It is presumed, however, that this legislative prerogative is not exercised by punishing the same offense under more than one statutory provision, since the legislature ca…
• McKNIGHT v. State, 727 So. 2d 314 (Fla. 3d DCA 1999)
  …. It is well settled that the Legislature has the exclusive power to determine penalties for crimes and may limit sentencing options or provide for mandatory sentencing. See Wilson v. State, 225 So. 2d 321, 323 (Fla.1969), reversed on other grounds, 403 U.S. 947, 91 S.Ct. 2286, 29 L.Ed.2d 858 (1971); see also State v. Coban, 520 So. 2d 40, 41 (Fla.1988); Dorminey v. State, 314 So. 2d 134, 136 (Fla.1975). . The separation of powers doctrine embodied in the Federal Constitution is not binding on the states u…
• Spenkelink v. State, 350 So. 2d 85 (Fla. 1977)
  …paragraphs 5(c) — (j)- . E. g., State v. Weeks, 166 So. 2d 892 (Fla. 1964). . E. g., Davis v. Georgia, 429 U.S. 122, 97 S.Ct. 399, 50 L.Ed.2d 339 (1977); Mathis v. Alabama, 403 U.S. 946, 91 S.Ct. 2278, 29 L.Ed.2d 855 (1971); Wigglesworth v. Ohio, 403 U.S. 947, 91 S.Ct. 2284, 29 L.Ed.2d 857 (1971); Owens v. State, 233 Ga. 869, 214 S.E. 2d 173 (1975). None of these cases addressed the issue of whether an alleged Witherspoon violation can be waived.…