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3rd DCA ROUNDUP

By "Captain Liberty" and "Rumpole"

It's that time of the week again but lets not get "hypertechnical" (this will become relevant in a bit.)Hayes v. State stands for some well known propositions: you cannot be convicted for trafficking cocaine by possession and possession of cocaine with intent to sell. You can however be sentenced as an habitual offender for trafficking. Ouch. We guess there are never enough minimum mandatories to satisfy the prosecution and legislature. Has anybody ever really sat down and upon reflection realized that Florida's sentencing scheme resembles a blind person's attempt to put together a puzzle in the middle of a windstorm? It's a mishmash of legislative pandering to the "get tough on crime" crowd without any recognition that sentences and minimum mandatory sentences overlap and make little if no sense...continue to full post

Full post as published by Justice Building Blog on September 30, 2009 (boomark / email).