Legal Opinion

Viera v. State

District Court of Appeal of Florida

Decided May 26, 2010No. 3D07-3300PublishedCited by 1 opinion

1Opinion of the Court

SCHWARTZ, Senior Judge.

This is an appeal from a conviction and a 40 year sentence for trafficking in heroin. We find no trial error and therefore affirm the conviction. However, after consideration of the circumstances surrounding the sentence in light of the factors stated in Wilson v. State, 845 So.2d 142, 156 (Fla.2003), particularly the judge’s enthusiastic advocacy of the State’s pre-trial offer of a ten year sentence in return for a guilty plea, and the unexplained 40 year sentence (the offense carried a 25 year mandatory minimum) which was imposed after the trial which followed the…

2Cases cited3 opinions

  1. Wilson v. StateSupreme Court of Florida · 2003
  2. Brandful v. StateDistrict Court of Appeal of Florida · 2003
  3. Ducksworth v. StateDistrict Court of Appeal of Florida · 2010

3Cited by1 opinion

  1. Viera v. StateDistrict Court of Appeal of Florida · 2012

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