89 SO2D 659 - Emmett v. State

How this case has been cited

Cited by 10 later decisions — most recently March 2002

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶1Appellant 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.

¶2It 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.

¶3The 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.

¶4On the basis of the authorities cited, the judgment appealed from is

¶5Affirmed.

DREW, ■ C. J., and TERRELL, HOB-SON and THORNAL, JJ., concur.