Emmett v. State
Robert Owen EMMETT v. The STATE of Florida
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
PER CURIAM.
Appellant seeks modification of a judgment of conviction and sentence to 15 years in the State Prison for commission of the offense of manslaughter to which he pleaded guilty.
It is contended that the circumstances reflected by the record justify the conclusion that the sentence was excessive and constituted cruel and unusual punishment within the prohibitions of Section 8 of the Declaration of Rights of the Constitution of Florida, F.S.A. and amendment Article VIII of the Constitution of the United States.
The position of the appellant is adequately disposed of by the decisions of this court in Walker v. State, Fla.1950, 44 So.2d 814 ; and La Barbera v. State, Fla. 1953, 63 So.2d 654 . There is nothing appearing in the record before us that would justify any recession from the decisions cited. The. matters and things set out in the record and briefs may be appropriate for consideration by the Pardon Board, but they do not justify the intervention of this court.
On the basis of the authorities cited, the judgment appealed from is
Affirmed.
DREW, ■ C. J., and TERRELL, HOB-SON and THORNAL, JJ., concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.