CHARLES HECTOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing Considerations cases and more on FLexlaw
PER CURIAM.
The question on this appeal is whether the trial court improperly based appellant’s two-year prison sentence for grand larceny on the fact that he had not pleaded guilty and had demanded a jury trial on the charge. Reading the trial court’s comments in their entirety, it appears that the sentence was based on appellant’s apparent untruthfulness during his trial testimony, which is a proper sentencing consideration. U. S. v. Grayson, 438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978). Accordingly, we uphold the sentence. We note, however, that if the trial court had considered appellant’s failure to confess to the crime in imposing sentence, such consideration would have been error. Thomas v. U. S., 368 F. 2d 941 (5th Cir. 1966); U. S. v. Rodriguez, 498 F. 2d 302 (5th Cir. 1974).
AFFIRMED.
McCORD, C. J., and MELVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fraley v. State, 426 So. 2d 983 (Fla. 3d DCA 1983)…ntence because of the costs and difficulty involved in proving the State’s case); Gillman v. State, 373 So. 2d 935 (Fla. 2d DCA 1979) (defendant’s choice of plea should not have played any part in the determination of his sentence); Hector v. State, 370 So. 2d 447 (Fla. 1st DCA 1979) (defendant’s failure to confess to crime is an improper consideration in imposing sentence). Compare United States v. Grayson, 438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978) (sentencing court can properly give consideration to…
-
Frazier v. State, 467 So. 2d 447 (Fla. 3d DCA 1985)…ntence because of the costs and difficulty involved in proving the State’s case); Gillman v. State, 373 So. 2d 935 (Fla. 2d DCA 1979) (defendant’s choice of plea should not have played any part in the determination of his sentence); Hector v. State, 370 So. 2d 447 (Fla. 1st DCA 1979) (defendant’s failure to confess to crime is an improper consideration in imposing sentence). Compare United States v. Grayson, 438 [*454] U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978) (sentencing court can properly give considera…
-
Suwannee River Area Council Boy Scouts of Am. v. State, 384 So. 2d 1369 (Fla. 1st DCA 1980)…e, 379 So. 2d 376 (Fla. 1st DCA 1979), albeit as dicta, when we stated that in binding letter determinations, “only the Department and the developer are involved,” citing South Florida Regional Planning Council v. Florida Division of State Planning, 370 So. 2d 447 (Fla. 1st DCA 1979), and South Florida Regional Planning Council v. Florida Land and Water Adjudicatory Commission, 372 So. 2d 159 (Fla. 3rd DCA 1979). These latter two cases dealt with the standing of governmental agencies, rather than private part…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Grayson, 438 U.S. 41 (U.S. 1978)
- Thomas v. United States, 368 F.2d 941 (5th Cir. 1966)
- United States v. Rodriguez, 498 F.2d 302 (5th Cir. 1974)