Legal Opinion

McKinney v. State

District Court of Appeal of Florida

Decided January 29, 2010No. 1D08-4012PublishedCited by 8 opinions

1Opinion of the CourtWetherell, J.

Appellant was convicted of armed robbery, armed burglary, and false imprisonment, and was sentenced to 12 years in prison. He raises two issues in this direct appeal: 1) whether the trial court erred in denying his motion to suppress the victim’s out-of-court and in-court identifications, and 2) whether the trial court abused its discretion in not sentencing him as a youthful offender. We affirm both issues, and write only to address Appellant’s contention that the trial court impermissibly based its sentencing decision on its personal opinion of the youthful offender program.

The trial court…

2Cases cited5 opinions

  1. Canakaris v. CanakarisSupreme Court of Florida · 1980
  2. Booker v. StateSupreme Court of Florida · 1987
  3. Ellis v. StateDistrict Court of Appeal of Florida · 1985
  4. Holmes v. StateDistrict Court of Appeal of Florida · 1994
  5. Bell v. StateDistrict Court of Appeal of Florida · 1983

3Cited by8 opinions

  1. Jackson v. StateDistrict Court of Appeal of Florida · 2014
  2. Pressley v. StateDistrict Court of Appeal of Florida · 2011
  3. Levar Jermaine Taborn Tyson v. State of FloridaDistrict Court of Appeal of Florida · 2017
  4. Holly Elizabeth Caudle v. State of FloridaDistrict Court of Appeal of Florida · 2019
  5. Joseph v. StateDistrict Court of Appeal of Florida · 2012

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