State v. Potts
| Court | Florida Supreme Court |
| Writing for the Court | BARKETT; McDONALD |
| Citation | State v. Potts, 526 So.2d 63, 13 Fla. L. Weekly 353 (Fla. 1988) |
| Decision Date | 02 June 1988 |
| Docket Number | No. 71765,71765 |
| Parties | 13 Fla. L. Weekly 353 STATE of Florida, Appellant, v. Willie POTTS, Jr., Appellee. |
Robert A. Butterworth, Atty. Gen., and Lee Rosenthal and John W. Tiedemann, Asst. Attys. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellee.
We have on appeal Potts v. State, 526 So.2d 104 (Fla. 4th DCA 1987), which declared unconstitutional a portion of section 790.07(2), Florida Statutes (1985). Jurisdiction is mandatory. Art. V, § 3(b)(1), Fla. Const.
Having reviewed the entire record in this case, we have determined that the district court's decision below is an eminently correct statement of the law. The state through its criminal process may not penalize someone merely for the status of being under indictment or otherwise accused of a crime, as it has attempted to do here. We therefore approve and adopt the district court's opinion in its entirety as our own. Section 790.07(2), Florida Statutes (1985), is facially unconstitutional to the extent it purports to penalize a person who is under indictment with greater severity than one who is accused of no crime.
It is so ordered.
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Turner v. State
...the defendant's sentence because the trial court improperly considered the details of pending charges); see also State v. Potts, 526 So.2d 63, 63 (Fla. 1988) ("The state through its criminal process may not penalize someone merely for the status of being under indictment or otherwise accuse......
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Norvil v. State, 4D11–1740.
...pending attempted murder charge in sentencing him. Id. He relied on Reese v. State, 639 So.2d 1067 (Fla. 4th DCA 1994), and State v. Potts, 526 So.2d 63 (Fla.1988). In Reese, the trial court considered argument by the state at the sentencing hearing that the defendant was a principal in oth......
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Hanf v. State
...2001) (reversing sentence when trial court considered defendant's pending attempted murder charge at sentencing); see also State v. Potts, 526 So.2d 63, 63 (Fla.1988) ("The state through its criminal process may not penalize someone merely for the status of being under indictment or otherwi......
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King v. State
... ... State v. Walker, 444 So.2d 1137, 1138-1139 (Fla. 2d DCA), aff'd, 461 So.2d 108 (Fla.1984). See also State v. Saiez, 489 So.2d 1125, 1129 (Fla.1986); Potts v. State, 526 So.2d 104 (Fla. 4th DCA 1987), approved, 526 So.2d 63 (Fla.1988), cert. denied, 488 U.S. 870, 109 S.Ct. 178, 102 L.Ed.2d 147 (1988) ... Habitual offender statutes are the means to achieve the state goal of protecting the citizens of Florida by the incarceration of ... ...
