State v. Arbaugh

Justice MAYNARD.

The majority finds that the circuit court abused its discretion in denying Mr. Ar-baugh’s Rule 35(b) motion for another probation period. To do so, the majority eviscerates the law to effectuate its own personal view of a proper outcome in this case. This is a dangerous precedent. I dissent because “[i]t is the unpopular or beleaguered individual — not the [individual] in power — -who has the greatest stake in the integrity of the law.” Florida Dep’t of Health and Rehab. Serv. v. Florida Nursing Home Ass’n, 450 U.S. 147, 154, 101 S.Ct. 1032, 1036-37, 67 L.Ed.2d 132, 139 (per…