OFFEYETTE SPEED
v.
STATE OF FLORIDA
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A 15-year sentence for aggravated burglary is remanded for resentencing because the trial judge failed to adequately articulate mitigating factors, particularly the defendant's youth and minimal prior record, creating a substantial possibility the sentence is excessive despite being within statutory limits.
[1] A sentence within statutory limits may still be deemed excessive if it is disproportionate to the crime or constitutes purposeless pain and suffering.
[2] Trial courts are granted wide discretion in sentencing, and appellate courts should not set aside a sentence as excessive absent a manifest abuse of that discretion.
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Legal standard for determining excessive punishment under Louisiana law
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Join FLexlaw to unlock all legal intelligenceOn December 2, 1986, 18-year-old Kenneth Charrier burglarized Emily Coney's home in Jonesville, Louisiana. The defendant broke windows entering and fl…
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PER CURIAM. We reverse the imposition of investigative costs for the Seminole County Sheriff’s Office in the amount of $156.76 and for the Sanford Police Department in the amount of $250.00, and the cost of prosecution in excess of $100.00 because there was no competent, substantial evidence to support those amounts. See § 938.27(7)–(8), Fla. Stat. (2016). We therefore remand to give the State an opportunity to produce the appropriate documentation. Munoz v. State, 884 So. 2d 1070 (Fla. 5th DCA 2004); see also Phillips v. State, 942 So. 2d 1042 (Fla. 2d DCA 2006).
We otherwise affirm. AFFIRMED in part; REVERSED in part; and REMANDED.
EVANDER, C.J., WALLIS and EISNAUGLE, JJ., concur.
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Citator
Authorities Cited
- Phillips v. State, 942 So. 2d 1042 (Fla. 2d DCA 2006)
- Munoz v. State, 884 So. 2d 1070 (Fla. 5th DCA 2004)