Legal Opinion · Dissent

Woods v. State

District Court of Appeal of Florida

Decided April 24, 2017No. CASE NO. 1D15-4042Published

1DissentWinsor, J.

Marlena Woods has served her time. She was released shortly before this court’s en banc argument, and there is nothing we can do now to shorten her sentence. Because “[fit is a fundamental maxim of judicial restraint that ‘courts should not decide constitutional issues unnecessarily,’ ” Johnson v. Feder, 485 So.2d 409, 412 (Fla. 1986) (quoting In re Forfeiture of One Cessna 337H Aircraft, 475 So.2d 1269, 1270-71 (Fla. 4th DCA 1985)), we should dismiss this appeal.

Woods challenged only her sentence— not her conviction. Generally, when a defendant challenges a sentence already completed, we…

2Cases cited11 opinions

  1. United States v. Congress of Industrial OrganizationsSupreme Court of the United States · 1948
  2. Ex parte RandolphU.S. Circuit Court for the District of Virginia · 1833
  3. State v. MatthewsSupreme Court of Florida · 2004
  4. Toomer v. StateDistrict Court of Appeal of Florida · 2005
  5. Johnson v. FederSupreme Court of Florida · 1986

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