COE v. STATE

Full title: JOHN W. COE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 15, 1994

633 So. 2d 68 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-1572.

February 18, 1994. Rehearing Denied March 15, 1994.

Appeal from the Circuit Court for Marion County; Thomas D. Sawaya, Judge.

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

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

DAUKSCH, Judge.

Appellant seeks review of the conviction and sentence in a kidnapping and sexual battery case.

We affirm both but write to say that if an appellant seeks "`proportionality review' of criminal penalties," as this appellant does, then a record to support such a review must come from below (the trial court) and some direction on how to make such a review (from the supreme court) would be helpful. See Williams v. State, 630 So.2d 534 (Fla. 1993).

AFFIRMED.

PETERSON and GRIFFIN, JJ., concur.