Opinion

Gwynn v. Orange County Board of County Commissioners

  • 13 Fla. L. Weekly 1423
  • 527 So. 2d 866
  • 1988 Fla. App. LEXIS 2535
Court
District Court of Appeal of Florida
Filed
Jun 16, 1988
Status
Published
Author
Dauksch
On the bench
Dauksch, Orfinger, Sharp
Cited by
3 cases

The opinion

DAUKSCH, Judge,

concurring specially.

While I agree the writ was properly denied upon the basis asserted I write to say two things.

First, it seems to me that appellant had a good argument for attacking the sentences upon various constitutional grounds: cruel and unusual punishment, equal protection of the law and due process come to mind.

Second, this bad case points directly to another absurdity in the sentencing guidelines. The guidelines do not govern the crimes and contempt charges committed by appellant. So, appellant will serve more time, if he is not first given a pardon or clemency by the executive, than many murderers, most robbers, burglars, rapists and virtually all thieves. He’s a bad car driver and doesn’t go to court when told to, and should be punished for the crimes he commits. But to punish him more severely than the big-league criminals is unfair, unjust and illogical.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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