Sidney Norvil, Jr., Petitioner v. State of Florida, Respondent — Canady, J., Dissenting

Summary

Justice Canady dissented from the majority's conclusion that a sentencing court may not consider criminal conduct committed after the offense being sentenced. He reasoned that the Criminal Punishment Code does not restrict sentencing judges to facts in a presentence investigation report and that due process permits consideration of subsequent conduct proved by a preponderance of the evidence when imposing a sentence within the statutory maximum. The dissent would have approved the district court's affirmance of Norvil's sentence.