Livingston v. State

Having authored the majority per curiam opinion, I write by way of special concurrence to address the dissent. It recites, quite appropriately, all of those factual matters upon which it relies, as well as the authority which it applies to the facts. It is equally appropriate to recite the facts not mentioned in the dissent and to observe that it is this court’s function to review discretionary judgments of a trial judge, not to make those judgments as though serving as the trial judge.

The crimes with which appellant was charged occurred on March 1, 1981; the trial commenced on September 9,…