ROBERT OWEN EMMETT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The Florida Supreme Court affirmed a 15-year prison sentence for manslaughter, holding that the sentence was not excessive or cruel and unusual punishment, and that such matters are for the Pardon Board, not the court.
No, the sentence does not constitute cruel and unusual punishment, nor is it excessive under the circumstances presented.
“It is contended that the circumstances reflected by the record justify the conclusion that the sentence was excessive and constituted cruel and unusual punishment within the prohibitions of Section 8 of the Declaration of Rights of the Constitution of Florida, F.S.A. and amendment Article VIII of the Constitution of the United States.”
This quote outlines the appellant's primary argument on appeal.
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Join FLexlaw to unlock all legal intelligenceThe appellant pleaded guilty to manslaughter and was sentenced to 15 years in prison. He appealed, arguing that the sentence was excessive and constit…
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PER CURIAM.
Appellant seeks modification of a judgment of conviction and sentence to 15 years in the State Prison for commission of the offense of manslaughter to which he pleaded guilty.
It is contended that the circumstances reflected by the record justify the conclusion that the sentence was excessive and constituted cruel and unusual punishment within the prohibitions of Section 8 of the Declaration of Rights of the Constitution of Florida, F.S.A. and amendment Article VIII of the Constitution of the United States.
The position of the appellant is adequately disposed of by the decisions of this court in Walker v. State, Fla.1950, 44 So. 2d 814; and La Barbera v. State, Fla. 1953, 63 So. 2d 654. There is nothing appearing in the record before us that would justify any recession from the decisions cited. The. matters and things set out in the record and briefs may be appropriate for consideration by the Pardon Board, but they do not justify the intervention of this court.
On the basis of the authorities cited, the judgment appealed from is
Affirmed.
DREW, C. J., and TERRELL, HOB-SON and THORNAL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Stanford v. State, 110 So. 2d 1 (Fla. 1959)…d from the doctrine of the Nowling case and held that the only remedy for an excessive sentence was by petition to [*4] the Pardon Board. See also Walker v. State, Fla., 44 So. 2d 814; La Barbera v. State, Fla., 63 So. 2d 654; Emmett v. State, Fla., 89 So. 2d 659; and Hutley v. State, Fla., 94 So. 2d 815, wherein the Brown case was affirmed. While the appeal here is not based on excessiveness of the sentence, I do not think that bars this court from reducing a “cruel and unusual” sentence sua sponte, if good…
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Mervin Brown v. State, 391 So. 2d 729 (Fla. 3d DCA 1980)…e, 453 F. 2d 412 (9th Cir. 1971) (the defendant’s pre-trial explanations were admissible in the Government’s case in chief to prove consciousness of guilt and unlawful intent, even though defendant was not going to take the stand); Douglas v. State, 89 So. 2d 659 (Fla.1956) (where, in dicta, the court stated that under circumstances where “one accused of a [*731] crime might deny guilt and then offer a false alibi, a false denial that he owned a weapon of the type employed in committing the crime or a simila…
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Tilghman v. Culver, 99 So. 2d 282 (Fla. 1957)…S.A., which provides a fifteen year maximum sentence, and this Court has repeatedly refused to reduce sentences which have been imposed within the maximum allowed by statute, e.g. Hutley v. State, Fla.1957, 94 So. 2d 815; Emmett v. State, Fla. 1956, 89 So. 2d 659; LaBarbera v. State, Fla.1953, 63 So. 2d 654; Walker v. State, Fla.1950, 44 So. 2d 814. Even if the relevant statements of the trial judge and his pattern of sentencing are ignored under a highly technical view of “sentence”; we find that it is poss…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- La Barbera v. State, 63 So. 2d 654 (Fla. 1953)
- Walker v. State, 44 So.2d 814 (Fla. 1950)