Legal Opinion

Laverne Brown v. State of Florida

Supreme Court of Florida

Decided December 20, 2018No. SC18-323PublishedCited by 15 opinions

1Opinion of the CourtLawson, J.

We review the Fifth District Court of Appeal's decision in Brown v. State , 233 So.3d 1262 (Fla. 5th DCA 2017). In Brown , the Fifth District expressly declared valid section 775.082(10), Florida Statutes (2015), which requires that a qualifying offender whose sentencing scoresheet totals 22 points or fewer be sentenced to a nonstate prison sanction unless the trial court makes written findings that a nonstate prison sanction could present a danger to the public. We have jurisdiction. See *149 art. V, § 3(b)(3), Fla. Const. As explained below, because subsection (10) requires the court, not the…

2Cases cited10 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Holly v. AuldSupreme Court of Florida · 1984
  4. A. R. Douglass, Inc. v. McRainey, as Admrx.Supreme Court of Florida · 1931
  5. CARIBBEAN CONSERV. CORP., INC. v. Fla. Fish & Wildlife Conservation Comm'nSupreme Court of Florida · 2003

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3Cited by15 opinions

  1. Keita Jermaine Gaymon v. State of FloridaDistrict Court of Appeal of Florida · 2019
  2. Riordan v. StateDistrict Court of Appeal of Florida · 2019
  3. Armstrong v. Secretary, Florida Department of Corrections (Duval County)District Court, M.D. Florida · 2024
  4. Corey B. Johnson v. State of FloridaDistrict Court of Appeal of Florida · 2024
  5. Cristian Pozos v. State of FloridaDistrict Court of Appeal of Florida · 2024

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