5D10-2216 Wilford McCloud v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-2216

Case Date: 02/07/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

WILFORD MCCLOUD, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed February 11, 2011 Appeal from the Circuit Court for Brevard County, John M. Griesbaum, Judge. James Russo, Public Defender, and R. Blaise Trettis, Assistant Public Defender, Viera, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D10-2216

ORFINGER, J. After pleading guilty to two counts of felony petit theft, Wilford McCloud was sentenced to two years in prison, followed by two years of community control. He now appeals, contending that pursuant to section 775.082(10), Florida Statutes (2009), he should have received a non-state prison sanction. We disagree and affirm.

The Florida Legislature enacted section 775.082(10), Florida Statutes, which provides: (10) If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section. Ch. 2009-63,

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