DAVIS DORVIL, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2008-11-19

No. 3D07-1274

Before COPE and RAMIREZ, JJ., and SCHWARTZ, Senior Judge.

997 So. 2d 1138 Florida District Court of Appeal, Third District (2008) Positive Treatment

Cited by 2 cases

Topics

Sentencing Considerations Suppression Of Evidence Fifth Amendment

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Opinion of the Court

PER CURIAM.

On this appeal from a conviction and maximum sentence for second degree murder of the defendant’s wife, we first find no error in the trial court’s failure to suppress the murder weapon which was found after Dorvil revealed its location to the police. See Oregon v. Bradshaw, 462 U.S. 1039, 103 S.Ct. 2830, 77 L.Ed.2d 405 (1983); Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981); Stein v. State, 632 So. 2d 1361 (Fla.1994).

The sentence, however, is vacated, and the cause is remanded for resentencing by another judge, see Johnson v. State, 948 So. 2d 1014 (Fla. 3d DCA 2007), because, as in Johnson, the lower court obviously and erroneously took the defendant’s refusal to admit responsibility into consideration in determining the sentence. See Johnson, 948 So. 2d at 1016-17; Soto v. State, 874 So. 2d 1215 (Fla. 3d DCA 2004); AS. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996).

Affirmed in part, vacated in part and remanded.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Mentor v. State, 44 So. 3d 195 (Fla. 3d DCA 2010)

…ence, at least in part, upon appellant’s claim of innocence, in violation of established law.” Jackson v. State, 39 So. 3d 427, 428 (Fla. 1st DCA 2010), and cases cited at 428; see Bracero v. State, 10 So. 3d 664 (Fla. 2d DCA 2009); Dorvil v. State, 997 So. 2d 1138, 1139 (Fla. 3d DCA 2008); Soto v. State, 874 So. 2d 1215 (Fla. 3d DCA 2004); A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996); see also Whitmore v. State, 27 So. 3d 168, 171 (Fla. 4th DCA 2010), and cases cited at 171. Such consideration is impermis…

Authorities Cited

Edwards v. Arizona, 451 U.S. 477 (U.S. 1981)
Oregon v. Bradshaw, 462 U.S. 1039 (U.S. 1983)
Stein v. State, 632 So. 2d 1361 (Fla. 1994)
A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996)
Soto v. State, 874 So. 2d 1215 (Fla. 3d DCA 2004)
Eleazar Laroy Johnson v. State, 948 So. 2d 1014 (Fla. 3d DCA 2007)

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