ECENRODE v. STATE

No. 90-1349.

576 So.2d 967 (1991)

Craig P. ECENRODE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 4, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, Brynn Newton and Kenneth Witts, Asst. Public Defenders, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.


DAUKSCH, Judge.

This is an appeal from a sentence. We are urged to declare unconstitutional the "permitted range" in the sentencing guidelines statutory scheme on account of its vagueness. We decline to do so. Historically, in Florida and most jurisdictions, the judiciary are given the discretion to tailor a sentence appropriate to each defendant appearing in court. Recently, in Florida and some jurisdictions, the discretion of judges to impose appropriate sentences...

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