Shellman v. State, 68--641
| Citation | 222 So.2d 789 |
| Decision Date | 21 May 1969 |
| Docket Number | No. 68--641,68--641 |
| Parties | Andre Lee SHELLMAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert E. Jagger, Public Defender, and Edwin I. Ford, Asst. Public Defender, Clearwater, for appellant.
Earl Faircloth, Atty. Gen., Tallahassee, and William D. Roth, Asst. Atty. Gen., Lakeland, for appellee.
This is an appeal by appellant Andre Lee Shellman from an adjudication of guilt and sentence by the Court upon a plea of guilty to an information charging breaking and entering an automobile with intent to commit petit larceny.
The only contention urged in behalf of Shellman in this Court is that the trial Judge was in error in sentencing the defendant to the statutory maximum sentence of ten years in the State Prison. But the rule was definitely laid down by the Florida Supreme Court in Brown v. State, 1943, 152 Fla. 853, 13 So.2d 458, that--
The above holding in Brown was followed in Walker v. State, Fla.1950, 44 So.2d 814. See also Rohdin v. State, Fla.App.1958, 105 So.2d 371; Infante v. State, Fla.App.1967, 197 So.2d 542; and Dickinson v. State, Fla.App.1965, 170 So.2d 594. See also Green v. State, 1935, 121 Fla. 307, 163 So. 712.
F.S. Section 810.051, F.S.A. provides that 'Whoever breaks and enters any automobile * * * with intent to commit any crime * * * shall be guilty of a felony and shall be punished by * * * imprisonment * * * for not more than ten years in the state prison * * *'. Concededly, this may be a harsh maximum punishment, considering that the breaking and entering...
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Peters v. State
...be inquired into upon the appellate level.’ ” Nusspickel v. State, 966 So.2d 441, 444 (Fla. 2d DCA 2007) (quoting Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969)). However, an exception exists where “a court ... consider [s] charges of which an accused has been acquitted in passing......
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Norvil v. State, 4D11–1740.
...be inquired into upon the appellate level.’ ” Nusspickel v. State, 966 So.2d 441, 444 (Fla. 2d DCA 2007) (quoting Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969) ). However, an exception exists when the trial court considers constitutionally impermissible factors in imposing a sent......
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Nusspickel v. State
...for the trial Court in the exercise of its discretion, which cannot be inquired into upon the appellate level." Shellman v. State, 222 So.2d 789, 790 (Fla. 2d DCA 1969); see also Booker v. State, 514 So.2d 1079, 1082 (Fla.1987) (recognizing that "this Court and the United States Supreme Cou......
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Rankin v. State
...be inquired into upon the appellate level.'" Nusspickel v. State, 966 So. 2d 441, 444 (Fla. 2d DCA 2007) (quoting Shellman v. State, 222 So. 2d 789, 790 (Fla. 2d DCA 1969)). "However, an exception exists when the trial court considers constitutionally impermissible factors in imposing a sen......