McCloud v. State
2011 Fla. App. LEXIS 1563
| Fla. Dist. Ct. App. | 2011Background
- McCloud pled guilty to two counts of felony petit theft and was sentenced to two years in prison followed by two years of community control.
- He challenged the sentence under section 775.082(10), Florida Statutes (2009), arguing he should receive a non-state prison sanction because he had no history of violence.
- Section 775.082(10) requires nonstate prison if total sentence points per s. 921.0024 are 22 or fewer, unless the court makes written danger-to-public findings to impose a state facility.
- McCloud’s pre-sentence score was 14.2 points, and the State presented officers describing his habitual, high-frequency larcenous behavior.
- The trial court implicitly found McCloud could present a danger to the public based on his history and behavior, supporting a prison sanction.
- The Fifth District Court of Appeal affirmed, rejecting McCloud’s narrow construction of danger to the public and holding the court did not err.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in applying 775.082(10) requiring prison despite low points | McCloud argued no public danger due to no violence | State argued danger to the public can include property and non-physical harm | affirmed |
Key Cases Cited
- United States v. Reynolds, 956 F.2d 192 (9th Cir.1992) (danger to community includes nonphysical harm)
- United States v. Provenzano, 605 F.2d 85 (3rd Cir.1979) (danger not limited to physical harm)
- United States v. Parr, 399 F.Supp. 883 (W.D.Tex.1975) (danger to community includes pecuniary harm)
- United States v. Moss, 522 F.Supp. 1033 (E.D.Pa.1981) (nonphysical community threat recognized)
- United States v. Miranda, 442 F.Supp. 786 (S.D.Fla.1977) (danger to the community not limited to physical harm)