JAMES HUTCHINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Nusspickel v. State, 966 So. 2d 441 (Fla. 2d DCA 2007)
  …ional right during sentencing.” The court noted, however, that a sentencing court may consider all relevant factors when imposing sentence and need not “turn a blind eye” to uncontradicted evidence that was before the court. Id. In Dowling v. State, 829 So. 2d 368, 371 (Fla. 4th DCA 2002), the court affirmed a sentence even though the prosecutor used the sentencing hearing to tell the trial court about alleged criminal conduct that the state admitted it could not prove beyond a reasonable doubt. Dowling reite…
• Irfan Nawaz v. State, 28 So. 3d 122 (Fla. 1st DCA 2010)
  …ry limits under the Criminal Punishment Code, an exception exists, when the trial court considers constitutionally impermissible factors in imposing a sentence. See, e.g., Evans v. State, 816 So. 2d 742, 743-44 (Fla. 4th DCA 2002); Dowling v. State, 829 So. 2d 368, 370-71 (Fla. 4th DCA 2002); Johnson v. State, 679 So. 2d 831 (Fla. 1st DCA 1996) (remanding for resentencing where comments by trial court could be read to infringe upon defendant’s decision to exercise his constitutional right to a jury trial); Pe…
• Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)
  …al language while others focus on the more subjective aspects of the trial judge’s consideration, and reverse where a sentencing court may have given excessive weight to crimes for which a defendant was arrested but not convicted. Dowling v. State, 829 So. 2d 368 (Fla. 4th DCA 2002), demonstrates adherence to the Jansson rule. There, the defendant entered a plea of no contest to possession of cocaine and two lesser drug-related charges; all of the evidence pertaining to these charges arose from a search per…

Authorities Cited

• Gayson Mills v. State, 822 So. 2d 1284 (Fla. 2002)