(DOWNLOAD) "Harold Tuthill v. State Florida" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free
eBook details
- Title: Harold Tuthill v. State Florida
- Author : Third District Court of Appeal of Florida
- Release Date : January 15, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In 1983, following entry of his nolo contendere plea to the charge of committing a lewd and lascivious act in the presence of a child, appellant Harold Tuthill was sentenced to a four-year term of probation. In 1984, the state filed a new information and an affidavit alleging that Tuthill violated his probation by committing a lewd and lascivious act upon a minor. At the conclusion of a probation violation hearing, the trial court revoked probation and sentenced Tuthill to serve fifteen years in the state penitentiary. The state then entered a nolle prosequi of the information charging the substantive offense that formed the basis of the probation violation. In the ensuing appeal, this court ruled that Tuthill ""was not afforded an opportunity to be heard on the question of the severity of the sentence to be imposed."" Tuthill v. State, 478 So.2d 409, 409 (Fla. 3d DCA 1985), review denied, 484 So.2d 10 (Fla. 1986). Although we affirmed the trial court's revocation of probation, we remanded the cause to the trial court for resentencing. Tuthill. On remand, the trial judge recused himself from the case. A successor judge conducted a hearing and imposed sentence. Deviating from guidelines' recommendations, the trial court sentenced Tuthill to a term of fifteen-years' imprisonment. The trial court's reasons for deviating from the guidelines recommendations were: