Legal Opinion · Dissent

Woods v. State

District Court of Appeal of Florida

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

1DissentWolf, J.

Appellant Marlena Woods raises two issues concerning the trial court’s determination pursuant to section 775.082(10), Florida Statutes, that sentencing appellant *822to a nonstate prison sanction could present a danger to the public. She asserts that 1) the statute allowing a judge rather than a jury to make this “danger to the public" finding is unconstitutional; and 2) the trial judge made insufficient findings, and.the record does not support, the finding that- a nonstate prison sanction could present a danger to the public, I would not reach the constitutional question because I agree that…

2Cases cited6 opinions

  1. Jones v. StateDistrict Court of Appeal of Florida · 2011
  2. McCloud v. StateDistrict Court of Appeal of Florida · 2011
  3. Porter v. StateDistrict Court of Appeal of Florida · 2013
  4. Reed v. StateDistrict Court of Appeal of Florida · 2016
  5. Tony Murphy v. State of FloridaDistrict Court of Appeal of Florida · 2015

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