Legal Opinion

Davis v. State

District Court of Appeal of Florida

Decided January 24, 1978No. 76-2059Published

1Opinion of the Court

KEHOE, Judge.

Appellant, defendant below, brings this appeal from a judgment of conviction entered after a plea of nolo contendere to the charge of sale of cannabis. Pursuant to the judgment, appellant was sentenced to 18 months imprisonment to be followed by 3V2 years probation. Appellant’s primary point on appeal is that the trial court deprived him of due process of law by imposing the sentence in a mechanistic, non-individualized manner which eliminated a consideration of probation. Appellant further contends that the trial court improperly relied upon appellant’s refusal to cooperate, by…

2Cases cited6 opinions

  1. Wright v. StateDistrict Court of Appeal of Florida · 1966
  2. Tiller v. StateDistrict Court of Appeal of Florida · 1976
  3. Gibbs v. StateDistrict Court of Appeal of Florida · 1977
  4. Johnson v. StateDistrict Court of Appeal of Florida · 1969
  5. Simmons v. StateDistrict Court of Appeal of Florida · 1970

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