Supreme Court: Sentences Can’t Depend On Restitution Repayment
May 2, 2016
Giving prisoners a lighter sentence if they are able to pay restitution within a certain period of time is an unconstitutional violation of inmates’ Fourteenth Amendment due process rights, the Florida Supreme Court has ruled.
The ruling overturned a 4th District Court of Appeal decision in the case of Jean Claude Noel, who was convicted of conspiracy to commit racketeering and first-degree grand theft. The charges stemmed from “an elaborate scheme to steal advance fees from victims who sought to obtain funding for their business projects,” according to court documents.
Prosecutors said Noel was a “sophisticated cog” in the conspiracy.
A Broward County circuit court judge ordered Noel to serve 10 years in prison, followed by 10 years of probation. In the sentencing order, the judge also wrote that Noel’s prison sentence would be reduced to eight years if he paid $20,000 in restitution — a portion of the $650,000 in restitution ordered as a condition of his probation — within 60 days.
The appellate court found that the sentence was constitutional because it did exceed not the maximum statutory duration, which would have been 30 years for each of the two counts of which Noel was convicted, and because judges have broad discretion to consider defendants’ financial circumstances when determining sentences.
In the 5-2 opinion, the Florida Supreme Court majority acknowledged that judges may consider defendants’ financial resources at sentencing. But, quoting from a U.S. Supreme Court opinion, the majority wrote that the “allowance for limited consideration of the defendant’s financial background does not undermine the core constitutional prohibition against imposition of a longer prison term as a substitute for a monetary penalty.”
Because Noel failed to make the restitution payment, “he received a harsher prison sentence,” the Florida justices wrote. The “automatic deprivation of two years of Noel’s freedom is ‘contrary to the fundamental fairness required by the Fourteenth Amendment,’ ” the majority added.
In a dissent, Justice Charles Canady objected that, “I would conclude that the trial court’s offer to mitigate Noel’s prison sentence as an incentive for Noel to disgorge a portion of his ill-gotten gains is not ’so arbitrary or unfair as to be a denial of due process.’ ”
Justice Peggy Quince joined Canady in the brief dissent.
by The News Service of Florida
Major Work Now Underway On I-10, Highway 29 Interchange
May 2, 2016
Work is now underway on a $8.5 million project to improve the I-10/U.S. 29 intersection in Escambia County.
This week, crews are placing asphalt on the outside lane of I-10 westbound near the interchange. Lane closures are limited to between 8 p.m. and 6 a.m. to minimize the impacts. Drivers are reminded that the speed limit will be reduced to 50 mph during this time.
The work will include:
- Removing Exit 10A (I-10 westbound exit ramp to U.S. 29 South).
- Constructing a new exit ramp adjacent to the current Exit 10B – New Exit: 10.
- Installing a traffic signal on U.S. 29 for I-10 westbound to U.S. 29 South traffic.
- Widening the bridge on I-10 eastbound to eliminate an immediate left-hand merge from U.S. 29 South.
The project is slated for completion in spring 2017.
Photo for NorthEscambia.com, click to enlarge.
Sheriff’s Office Donates $7,500 To Tate FFA Alumni Foundation
May 2, 2016
Escambia County Sheriff David Morgan presented a $7,500 donation to the Tate High School FFA Alumni Foundation Rodeo. The money donated from the sheriff’s office comes from State Law Enforcement Trust Fund, which is money seized during drug arrests.
The 25th Annual Tate FFA Alumni Foundation Rodeo will be held at 7:30 p.m. on Friday, May 6 and Saturday, May 7 at 7:30 p.m. at the Escambia County Equestrian Center. Tickets are are $8 in advance for adults, $3 for children, available at locations including Jimmy’s Grill in Molino Farm and Nursery Mart and Barnes Feed Store. Admission is $8 at the gate for adults, $5 for children. Children five and under are free.
Photo for NorthEscambia.com, click to enlarge.
Judith Marie Walker Dove
May 2, 2016
Mrs. Judith Marie Walker Dove, 70, passed away on Saturday, April 30, 2016, in Davisville.
Mrs. Dove was a native of Jacksonville, FL and a resident of Davisville since 1971. She attended the Pine Barren Baptist Church. She is preceded in death by her parents, Lee A. and Mary L. Walker.
She is survived by her husband of 50 years and six months, Ronald Dove of Davisville; three sons, Ronald Dove, Jr., Patrick (Laurie) Dove and Christopher Dove, all of Davisville; two sisters, Mary Lee Shipley of Charlotte, NC and Debbie Sorkin of Lake Toxaway, NC; eight grandchildren; and six great-grandchildren.
Funeral services will be Tuesday, May 3, 2016, at 9 a.m. at the Petty-Eastside Chapel Funeral Home with Rev. Mike Harper officiating.
Burial will be at the Pine Barren Cemetery.
Pallbearers will be Ronnie Dove, Patrick Dove, Chris Dove, Tyler Dove, Eli Hines, Graham Shipley and Scott Francis.
Petty-Eastside Chapel Funeral Homes is in charge of all arrangements.
B’ham Beats The Wahoos
May 2, 2016
It appeared Pensacola would tie the game in the ninth with runners on second and third and one out.
However, Blue Wahoos second baseman Alex Blandino flew out to Birmingham left fielder Eudy Pina who threw a strike to catcher Jeremy Dowdy to get Pensacola’s Zach Vincej out at home for a game-ending double play. Vincej singled to start the ninth inning.
The Baron’s held on to win the game, 6-4, on the spectacular defensive play and clinched the five-game series, 3-1, at Regions Field.
The Barons went up, 6-2, in the seventh inning when DH Josh Richmond doubled to left field to score first baseman Nicky Delmonico.
However, Pensacola came right back in the eighth inning when right fielder Phillip Ervin hit a two-out, two-run home run to right center field to bring in Eric Jagielo and pull the Blue Wahoos within striking distance, 6-4.
Ervin was 1-4 on the day and hit his second homer in two days. He now leads Blue Wahoos with three on the year. Last season, he hit 14 home runs total between High-A Daytona Tortugas and Double-A Pensacola to lead all Cincinnati Reds minor leaguers.
Barons left-handed pitcher David Holmberg threw seven innings and gave up two earned runs on five hits and one walk, while striking out four. He won his first game this season and is 1-2.we
Birmingham improved to 10-14 on the year, while Pensacola fell to 13-11 on the year.
Meanwhile, Pensacola righty Nick Travieso pitched 4.1 innings, allowing five earned runs. He fell to 1-1 with a 4.50 earned-run average on the season. He allowed four hits, walked three and struck out six.
Pensacola first baseman Brandon Dixon, who was 1-3, also homered to left field to lead off the seventh inning and pull the Blue Wahoos within, 5-2.
Pensacola left fielder Tony Renda went 2-4 with two doubles Sunday. His line drive double to right field in the first inning scored center fielder Beau Amaral to put the Blue Wahoos ahead, 1-0.
Barons catcher Jeremy Dowdy hit his second homer of the series when he hit a liner over the left field wall in the bottom of the third inning to tie the score, 1-1.
Birmingham scored two more runs after that when shortstop Eddy Alvarez singled to center field to score center fielder Adam Engel to put the Barons on top, 2-1. A passed ball allowed by Pensacola catcher Joe Hudson then allowed Alvarez to score, making it 3-1.
DH Josh Richmond hit a two-out single to left field in the fifth inning that drove in Engel and left fielder Eudy Pina, extending Birmingham’s lead to 5-1.
Driver Flips Vehicle Into Water-Filled Ditch
May 1, 2016
There were no injuries when a driver flipped his vehicle into a water-filled ditch sometime early Sunday morning near Davisville.
The vehicle was discovered by a passerby about 6 a.m. at the intersection of Nokomis Road and Meadows Road. The driver apparently failed to stop at the end of Meadows Road, crossed over Nokomis Road and flipped into the ditch. The vehicle was cold when first responders arrived; the accident had occurred overnight.
The driver reportedly went home without reporting the accident.
The accident is under investigation by the Florida Highway Patrol. The Walnut Hill Station of Escambia Fire Rescue, Atmore Ambulance and the Escambia County Sheriff’s Office also responded to the crash.
NorthEscambia.com photos, click to enlarge.
Greater Escambia Relay Raises Money For A Cure (With Gallery)
May 1, 2016
The annual Relay for Life of Greater Escambia was held Saturday the Pensacola Fairgrounds.
The event began with a special lap around the track for survivors and caregivers, and the evening included a Luminaria Ceremony to to remember people lost to cancer, to support people who are currently battling the disease, and to honor those who have won their battle.
For a NorthEscambia.com photo gallery from the event, click here.
There were 44 registered teams that had raised just over $64,000 for the American Cancer Society before the event. The Relay for Life of Greater Escambia, formerly held at Tate High School, has raised well over a half million dollars for cancer research.
Pictured top: Relay teams in a game of musical chair. Pictured inset: Walking the track. Pictured below: The Greater Escambia Relay for Life at the Pensacola Interstate Fairgrounds Saturday. NorthEscambia.com photos, click to enlarge.
Showers And Thunderstorms, Cloudy Skies
May 1, 2016
Here is your official North Escambia area forecast:
Tonight: A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 69. Southeast wind around 5 mph.
Monday: A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 82. Southeast wind 5 to 10 mph.
Monday Night: Showers and thunderstorms likely. Mostly cloudy, with a low around 66. South wind around 5 mph. Chance of precipitation is 60%.
Tuesday: A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 78. Northwest wind around 5 mph.
Tuesday Night: Partly cloudy, with a low around 57. North wind around 5 mph.
Wednesday: Sunny, with a high near 76. Northwest wind 5 to 10 mph.
Wednesday Night: Clear, with a low around 57. West wind around 5 mph.
Thursday: Sunny, with a high near 76. Northwest wind 5 to 10 mph.
Thursday Night: Clear, with a low around 52. North wind 5 to 10 mph.
Friday: Sunny, with a high near 76.
Friday Night: Clear, with a low around 55.
Saturday: Sunny, with a high near 80.
Saturday Night: Mostly clear, with a low around 58.
Sunday: Sunny, with a high near 83.
FDOT: Weekly Traffic Alerts
May 1, 2016
Drivers will encounter traffic disruptions on the following state roads in Escambia and Santa Rosa counties as crews perform construction and maintenance activities.
Escambia County:
- U.S. 29– Intermittent and alternating lane closures within the town of Century and from Champion Drive north continue.
- I-10/U.S. 29 Interchange Improvements – Alternating lane closures on I-10 near U.S. 29 (Exits 10A and 10B) Sunday, May 1 through Thursday, May 5 from 8 p.m. to 6 a.m. as crews perform resurfacing and shoulder work. The speed limit on I-10 will be reduced to 50 mph during this time.
- Interstate 10 (I-10) Widening – Intermittent and alternating lane closures, between State Road (S.R.) 291 (Davis Highway/Exit 13) and U.S. 90 (Scenic Highway/Exit 17), from 7 p.m. to 6:30 a.m. and on Scenic Highway near Whisper Way from 8:30 p.m. to 6:30 a.m. the week of Monday, May 2 as work continues to widen these highways.
- Airport Boulevard (S.R. 750) and Cervantes Street (U.S. 90) –Eastbound lane restrictions on Cervantes Street between Palafox Street and 9th Avenue from 6 a.m. to 12:30 p.m. Saturday, April 30 for a 5K race. Two-way traffic will be maintained. Eastbound traffic at intersection of Airport Boulevard and 12th Avenue may encounter minor delays from 6:30 a.m. to 7:30 a.m. Motorists reminded to use caution in area.
- Bayfront Parkway (State Road (S.R.) 196) – Road closed both east and westbound from 10 a.m. to midnight Friday, April 29 through Sunday, May 1 for a festival. Motorists are reminded to obey the posted detour route.
- U.S. 98 (Gregory Street) and 9th Avenue- Westbound lane closure on Gregory Street, southbound turn lane on 9th Avenue, and the northbound turn lane on 9th Avenue from 8 p.m. to 6 a.m. Monday, May 2 through Wednesday, May 3 as crews perform sanitary sewer inspections.
- U.S. 98 (Gregory Street) –Westbound lane closure between 11th Avenue and 14th Avenue from 8 p.m. to 6 a.m. Tuesday, May 3 through Thursday, May 4 as crews perform sanitary sewer inspections.
- U.S. 98 (Chase Street) - Eastbound center lane closure between 9th Avenue and 10th Avenue from 8 p.m. and 6 a.m. Wednesday, May 4 through Friday, May 5 as crews perform sanitary sewer inspection.
Santa Rosa County:
- I-10 Widening – Alternating lane closures on I-10, between the Escambia Bay Bridge and S.R. 281 (Avalon Boulevard/Exit 22), from 8 p.m. to 6 a.m. Sunday, May 1 through Thursday, May 5 as work continues to widen this section of the interstate. In addition, alternating lane closures on Avalon Boulevard near the I-10 interchange as crews perform bridge work.
- S.R. 399 over U.S. 98 – Overnight repairs to the S.R. 399 southbound overpass over U.S. 98 will be in place from 8 p.m. to 5:30 a.m. throughout the project. U.S. 98 will be reduced to one lane in each direction from Shoreline Drive to just east of S.R. 399 to allow westbound U.S. 98 traffic to be diverted to eastbound U.S. 98. Westbound U.S. 98 access to S.R. 399 will be closed. An on-site detour will direct traffic to turn left on Daniel Street, left on Shoreline Drive and then right on eastbound U.S. 98 to access S.R. 399 via the at grade on ramp.
All activities are weather dependent and may be delayed or re-scheduled in the event of inclement weather. Drivers are reminded to use caution, especially at night, when traveling in a work zone and to watch for construction workers and equipment entering and exiting the roadway.
EREC Holds 77th Annual Meeting (With Gallery)
May 1, 2016
Escambia River Electric Cooperative members held their 77nd Annual Meeting Saturday at Northview High School.
Members enjoyed food and entertainment, vote for trustees and met in session.
In 1937, the first meeting was held to organize Escambia River Electric Cooperative, Inc. at the Oak Grove Community House. By lamplight, several prominent community leaders laid out the blueprints for the formation and operation of EREC.
After Congress passed the Rural Electrification Act of 1936, which made loans available for the establishment of rural electric cooperatives, widespread rural electrification began. The formation of cooperatives in other parts of the country stimulated the interest of local leaders such as C. R. Walker, E. H. Lundy, J. L. Robbins and County Agent J. G. Hudson. They continued to move forward with their plans even though they were often met with opposition and skepticism.
On March 10, 1939, Escambia River Electric Cooperative, Inc. was born when the incorporators met at the American National Bank building in Pensacola to pass the bylaws, which would establish the cooperative and make their dream a reality. The cooperative’s first month of operation brought them 88 members. Since that time, the cooperative has grown to serve approximately 10,000 members in Escambia and Santa Rosa counties with over 1,800 miles of energized line.
Click here for a NorthEscambia.com photo gallery from the event.
Pictured top: Caleb Dennis performs at the Escambia River Electric Cooperative Annual Meeting at Northview High School. Pictured inset: The meeting included activities and goodies for the kids. Pictured below: Powersouth Energy Cooperative CEO Gary Smith explains how his $2 billion company provides electricity to EREC. NorthEscambia.com photos, click to enlarge.
