DANNY HERNANDEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (13 total)

• Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010)
  …in sentencing); Johnson v. State, 948 So. 2d 1014, 1017 (Fla. 3d DCA 2007) (“[R]e-sentencing is required even if a defendant’s refusal to admit guilt was but one of several factors considered by the court in imposing sentence.”); Gilchrist v. State, 938 So. 2d 654, 657-58 (Fla. 4th DCA 2006) (“When a court predicates the length of a sentence on the defendant’s failure to show any inclination toward repentance, the court violates the defendant’s right not to be required to incriminate himself.”); Aliyev v. Sta…
• Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)
  …Fla. 5th DCA 2013). These holdings emanated from cases where a defendant consistently maintained his innocence. See Hannum v. State, 13 So. 3d 132, 135-36 (Fla. 2d DCA 2009); Donaldson v. State, 16 So. 3d 314 (Fla. 4th DCA 2009); Gilchrist v. State, 938 So. 2d 654 (Fla. 4th DCA 2006) (defendant maintained that he acted in self-defense); Lyons v. State, 730 So. 2d 833, 834 (Fla. 4th DCA 1999); Exposito v. State, Dep’t of Bus. Regulation, 508 So. 2d 451, 452 (Fla. 3d DCA 1987) (“[A] party may not be penalized f…
• Rankin v. State, 174 So. 3d 1092 (Fla. 4th DCA 2015)
  …. 3d 1150, 1151 (Fla. 5th DCA 2013)). The idea is that -while “remorse and an admission of guilt may be grounds for •mitigation of sentence, the opposite is not 'true.” Brown, 27 So. 3d at 183 (quoting Ritter, 885 So. 2d at 414); Gilchrist v. State, 938 So. 2d 654, 657-58 (Fla. 4th DCA 2006) (<cWhen a court predicates the length of a sentence on the defendant’s failure to show any inclination toward repentance, the court violates the defendant’s right not to be required to incriminate himself.”). Considerati…

Authorities Cited

• State v. Sousa, 903 So. 2d 923 (Fla. 2005)