5th DCA defines “could present danger to the public” and Supremes resolve conflict

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McCloud v. State, 36 Fla. L. Weekly D313 (Fla. 5th DCA, Feb 11, 2011): Defendant appealed state prison sentence, affirmed – Defendant was sentenced to two years of prison followed by two years of community control.  Defendant appealed arguing that he should have been sentenced under 775.082(10), Fla. Stat., to a non-state prison sentence.  DCA disagreed pointing out that if the court makes written findings it can sentence defendant to prison sanction finding that defendant is danger to public.  “Danger to public” is not confined to violent offenders.  Can include pecuniary and economic harm.

Jackson v. State, 36 Fla. L. Weekly S81 (Fla. Feb 17, 2011): Supremes resolve conflict – Can a trial court re-sentence a defendant to a downward departure when the first downward departure is appealed and reversed?  Answer – yes.

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