A discussion of contemporary law, policy, and practice in Florida criminal sentencing.
Hon. William H. Burgess, III, B.C.S.
2See Frey v. Fulcomer, 974 F. 2d 348, 362-363 (3rd Cir. 1992).
3See, Wright v. State, 402 So. 2d 493 (Fla. 3d DCA 1981).
4Pooler v. State, 704 So. 2d 1375 (Fla. 1997) (fact that his former girlfriend had been seeing another man, even if it caused defendant to become distraught, simply does not qualify as external provocation for purposes of this statutory mitigator); Toole v. State, 479 So. 2d 731, 51 A.L.R.4th 1231 (Fla. 1985).
5See, Hall v. State, 136 Fla. 644, 187 So. 392 (1939).
6Wright v. State, 402 So. 2d 493 (Fla. 3d DCA 1981).
7See Lawrence v. State, 846 So. 2d 440 (Fla. 2003).
8See State v. Sisco, 2018 WL 2422882, — So. 3d — (Fla. 3d DCA 2018).
9See Philmore v. State, 820 So. 2d 919 (Fla. 2002); White v. State, 817 So. 2d 799 (Fla. 2002).
10§§ 921.141(7)(e), 921.142(8)(d), Fla. Stat.
Circuit court judge. Former trial attorney and prosecutor. West Key Author. Board Certified in Criminal Trial Law. Member, The Florida Bar. Former member of The Florida Bar’s Standing Committee on the Unlicensed Practice of law, and the Judicial Administration and Evaluation Committee. Former adjunct professor, St. Petersburg College. Lecturer, Criminal Law Certification Review for the Florida Association of Criminal Defense Lawyers. Past lecturer for the Florida Public Defenders Association, Florida Association of Prosecuting Attorneys, and local bar organizations. J.D., Washington College of Law, The American University; M.P.A., Clark University; B.A., Political Science, University of Massachusetts. U.S. Army 1976-1995, Infantry, Military Intelligence, and Special Forces. Author, "Florida Sentencing (2007-2013)," West's Florida Practice Series (Thomson-West), more information about which can be found by clicking here.