State v. Snow
| Decision Date | 10 January 1985 |
| Docket Number | No. 64890,64890 |
| Parties | 10 Fla. L. Weekly 40 STATE of Florida, Petitioner, v. Steven SNOW, Respondent. |
| Court | Florida Supreme Court |
Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for petitioner.
Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for respondent.
We review the decision of the District Court of Appeal, First District, in Snow v. State, 443 So.2d 1074 (Fla. 1st DCA 1984), which expressly and directly conflicts with Pedroso v. State, 420 So.2d 908 (Fla. 2d DCA 1982).
Snow was convicted and sentenced for kidnapping and sexual battery. The trial court retained jurisdiction for one-third of the sentence imposed. On the record, the trial judge stated his justification for retaining jurisdiction was that Snow terrified and terrorized a sixteen-year-old girl. Snow objected generally to the court's retaining jurisdiction. Snow appealed his sentence on the basis that the trial judge erred in retaining jurisdiction without stating the reasons for doing so with individual particularity as required by section 947.16(3)(a), Florida Statutes (1981). The district court declined to consider this alleged error because it was not raised in the trial court. It dismissed the appeal without prejudice to Snow's raising this issue in a Florida Rule of Criminal Procedure 3.850 motion. It cited as authority its recent decision in Walker v. State, 442 So.2d 977 (Fla. 1st DCA 1983).
In Walker, defendant appealed his sentence as an habitual felony offender on the basis that the trial court erred in failing to state the underlying facts and circumstances upon which it relied in finding that an extended sentence was necessary for the protection of the public from further criminal activity by him. The First District dismissed the appeal without prejudice to defendant's raising this issue in a rule 3.850 motion because defendant had not raised the issue below and thus had not preserved the issue for review by direct appeal.
The state now seeks review here on the basis that the present decision of the First District conflicts with Pedroso v. State, wherein the Second District affirmed the trial court's summary denial of a rule 3.850 motion where Pedroso attempted to raise the claim that the trial court had failed to state with individual particularity as required by section 947.16(3)(a), Florida Statutes (1979), the reasons for retaining jurisdiction over the first third of his sentence. The district court held that this issue was not cognizable on collateral attack because Pedroso could have raised this issue on direct appeal.
After the state sought review here, the First District decided Weston v. State, 452 So.2d 95 (Fla. 1st DCA 1984), wherein it declined to follow Walker in view of this Court's intervening decision in State v. Rhoden, 448 So.2d 1013 (Fla.1984), which it felt was controlling and which dictated a contrary result to Walker. On appeal, Weston claimed that the trial court failed to make the requisite findings in connection with his sentence to an extended term under the habitual offender law. The state contended that because Weston's attorney did not make an objection in the trial court to the court's failure to make the findings, he was precluded from raising the issue on appeal. The First District acknowledged that the state's position was consistent with its decision in Walker v. State, but held that our more recent holding in State v. Rhoden was controlling and dictated a contrary result. It reversed the sentence insofar as the extended term imposed under the habitual offender law and remanded for reconsideration of the imposition of the extended term in compliance with section 775.084, Florida Statutes (1981).
The First District then decided Cofield v. State, 453 So.2d 409 (Fla. 1st DCA 1984), wherein defendant contended on appeal that the trial court erred in retaining jurisdiction...
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Forehand v. State, BT-110
...from the record because the defendant had been convicted of aggravated assault, a crime not involving victim injury); State v. Snow, 462 So.2d 455 (Fla.1985) (trial court's alleged failure to state with individual particularity reasons for retention of jurisdiction over one third of defenda......
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Thomas v. State, 91-408
...is a matter which can be raised on direct appeal without there having been a contemporaneous objection in the trial court. State v. Snow, 462 So.2d 455, 457 (Fla.1985); Marshall v. Dugger, 526 So.2d 143, 146 (Fla. 3d DCA 1988). See generally Mobley v. State, 409 So.2d 1031, 1038 (Fla.1982);......
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Senior v. State, 86-1915
...is illegal: Rhoden [State v. Rhoden, 448 So.2d 1013 (Fla. 1984) ], Walker [v. State, 462 So.2d 452 (Fla.1985) ], and Snow [State v. Snow, 462 So.2d 455 (Fla.1985) ] all concerned instances where the trial court sentenced in reliance on statute but failed to make the specific findings which ......
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Norman v. State, 95-0892
...(Shaw, J., concurring). In Whitfield our supreme court explained that Rhoden, Walker v. State, 462 So.2d 452 (Fla.1985), and State v. Snow, 462 So.2d 455 (Fla.1985), all involved instances where the trial court sentenced the defendants in reliance on a specific statute, but failed to make t......