Williams v. StateWilliams v. State
Lead Opinion
Appellant, Wallace L. Williams, Jr., appeals his conviction for sale, purchase, manufacture or delivery of cocaine within 1,000 feet of a school and habitual felony offender sentence of life imprisonment without possibility of parole. We affirm appellant’s conviction but remand the case to the trial court for resentencing.
As to the first issue raised on appeal, we find that the trial judge did not abuse his discretion in denying defense counsel’s request for a jury view of the crime scene. We also reject appellant’s argument that a sentence of life imprisonment in this case constitutes cruel or unusual punishment under Article I, Section 17 of the Florida Constitution. This court has recently decided this issue adversely to appellant’s position in Hale v. State,
Although we affirm appellant’s conviction, we note that the Florida Supreme Court has ruled that sentencing under Section 775.084(4)(a)l. is permissive, not mandatory. Burdick v. State,
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
Rehearing
ON MOTION FOR REHEARING
PER CURIAM.
Appellant’s motion for rehearing is hereby denied. However, we hereby certify to the Florida Supreme Court the following question of great public importance:
DOES ARTICLE I, SECTION 17 OF THE FLORIDA CONSTITUTION PERMIT AN APPELLATE COURT TO UNDERTAKE PROPORTIONALITY REVIEW OF A NON-DEATH PENALTY SENTENCE?