Castle v. State
| Decision Date | 17 March 1976 |
| Docket Number | No. 46996,46996 |
| Parties | Darion Northrup CASTLE, a/k/a Sam H. Castle, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida Supreme Court |
Cone, Wagner, Nugent, Johnson and McKeown, and Larry Klein, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., and Paul H. Zacks, Asst. Atty. Gen., for appellee.
By appeal of a decision rendered by the Fourth District Court of Appeal, reported at 305 So.2d 794, we have before us the constitutionality of Section 775.12, Florida Statutes (1973), 1 which provides:
This case involves facts which are set out fully in the district court's opinion.
Appellant received a ten year sentence of imprisonment for a violation of Section 806.05, Florida Statutes (1969). He asks for a reduction of this sentence on the basis of Section 775.12. Ten years was the maximum penalty in effect when the crime was committed, but by the time of the trial the Legislature had reduced the maximum sentence to five years imprisonment. 2 For the reasons expressed by the district court, appellant was not entitled to the benefit of the later-enacted lower maximum sentence, and to the extent that Section 775.12 suggests otherwise it would have been unconstitutional. 3 See Florida Constitution Article X, § 9.
Appellant also asks us to award him a new trial (1) because the police officer who arrested him allegedly testified to appellant's exercise of his right to remain silent in direct response to a question put to him by defense counsel, (2) because the trial court refused to admit into evidence a hearsay deathbed statement made by a young woman who accompanied appellant when the criminal acts were committed, and (3) because certain evidence was obtained without a search warrant. Each of these matters were addressed and accurately resolved in the district court's...
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State v. Watts
...So.2d at 101. However, the state argues that Watts and Smith should not benefit from the 1985 amendment, relying instead on Castle v. State, 330 So.2d 10 (Fla.1976), and State v. Pizarro, 383 So.2d 762 (Fla. 4th DCA 1980) (on rehearing), which construed article X, section 9 of the Florida C......
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People v. Schultz
...S.W.2d 954 (1983); Galbraith v. State, 693 P.2d 880 (Alas.App.1985); State v. Paradise, 189 Conn. 346, 456 A.2d 305 (1983); Castle v. State, 330 So.2d 10 (Fla.1976); Barrett v. State, 183 Ga.App. 729, 360 S.E.2d 400 (1987); Patterson v. State, 532 N.E.2d 604 (Ind.1988); Davis v. State, 446 ......
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...fashion, neither should a defendant feign surprise about the penalties that accompanied his [or her] conduct at the time"); Castle v. State, 330 So.2d 10 (Fla.1976); Tellis v. State, 84 Nev. 587, 445 P.2d 938 (1968); Pollard v. State, 521 P.2d 400 (Okla.Crim.App.1974); State v. Kane, 101 Wa......
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