ROBIN MANUEL WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Robin Manuel Williams appealed his ten-year prison sentence for grand theft, arguing the trial court committed fundamental error by considering the truthfulness of his testimony during sentencing. The court agreed, finding that conditioning a sentence on a defendant's protestation of innocence or the veracity of his testimony violates due process and the Fifth Amendment, and reversed for resentencing before a different judge.
Yes. A trial court violates due process and the Fifth Amendment by conditioning a sentence on a defendant's protestation of innocence or the truthfulness of the defendant's testimony. When such conditioning is evident from the trial court's statements, the defendant is entitled to resentencing before a different judge.
[1] A trial court commits fundamental error by considering the truthfulness of a defendant's testimony when imposing a sentence.
[2] It is constitutionally impermissible for a sentencing court to consider the fact that a defendant continues to maintain his innocence and is unwilling to admit guilt.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it is constitutionally impermissible for it to consider the fact that a defendant continues to maintain his innocence and is unwilling to admit guilt”
Establishes the core constitutional prohibition against sentencing courts considering a defendant's protestation of innocence
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Join FLexlaw to unlock all legal intelligenceWilliams was convicted of grand theft and sentenced to ten years in prison as a habitual offender. At sentencing, the trial court made statements indi…
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Appellant challenges his ten-year prison sentence for grand theft. He argues the trial court committed fundamental error by considering the truthfulness of his testimony when imposing his sentence. We agree and reverse.
*305At the sentencing hearing, the trial court said:
I could not do justice in this case unless I was sitting on the bench in Texas, because in my opinion, Mr. Williams is the sort of individual who deserves to go to prison for the rest of his life. If he was in Texas that is what would be occurring.
But our Legislature has not shown fit to allow that sort of enhancement for someone of Mr. Williams’ offense. Mr. Williams is a life long habitual thief and criminal. And not only is he that, but he took the stand in this particular case and clearly lied and perjured himself before the Court.
I see absolutely nothing in this case which warrants anything but the maximum habitual offender sentence.
(Emphasis added).
It is well established that “[wjhile a sentencing court has wide discretion as to the factors it may consider in imposing a sentence, it is constitutionally impermissible for it to consider the fact that a defendant continues to maintain his innocence and is unwilling to admit guilt.” Ritter v. State, 885 So.2d 413, 414 (Fla. 1st DCA 2004) (remanding for resentencing before a different judge). In Holton, the supreme court explained “[a] trial court violates due process by using a protestation of innocence against a defendant” because the Fifth Amendment protection against self-incrimination “applies to the penalty phase as well as to the guilt phase.” Holton v. State, 573 So.2d 284, 292 (Fla.1990).
This court in Jackson held that an appellant is entitled to resentencing before a different judge when “[t]he statement made by the trial court can reasonably be read only as conditioning the sentence, 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) (emphasis added).
In the case at hand, the trial court’s statement can reasonably be read as conditioning appellant’s sentence, at least in part, on the veracity of his testimony. As such, we reverse and remand for resen-tencing before a different judge.
REVERSED AND REMANDED.
LEWIS and THOMAS, JJ., concur.
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MacAn v. State, 179 So. 3d 551 (Fla. 1st DCA 2015)…7, 428 (Fla. 1st DCA 2010). Thus, where a defendant protests his or her innocence throughout trial and at sentencing, it is constitutionally impermissible for the trial court to consider lack of remorse when imposing the sentence. Williams v. State, 89 So. 3d 304, 305 (Fla. 1st DCA 2012). Although the mere mention of a defendant’s “claim of innocence or failure to ‘take responsibility’ during a sentencing hearing” will not necessarily rise to the level of fundamental error, Hayes v. State, 150 So. 3d 249, 25…
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Donaldson v. State, 136 So. 3d 1281 (Fla. 2d DCA 2014)…the prisoner is deemed filed at the moment the inmate loses control over the document by entrusting its further delivery or processing to agents of the state, usually prison officials. See Haag v. State, 591 So. 2d 614, 617 (Fla.1992); Ray v. State, 89 So. 3d 304, 304 (Fla. 1st DCA 2012); Raysor v. Raysor, 706 So. 2d 400, 401 (Fla. 1st DCA 1998). And in no case is the deadline for filing a notice of appeal extended for five days even though the order to be appealed was mailed to the recipient. Since 2012, Fl…
Authorities Cited
- Holton v. State, 573 So. 2d 284 (Fla. 1990)
- Ritter v. State, 885 So. 2d 413 (Fla. 1st DCA 2004)
- Jackson v. State, 39 So. 3d 427 (Fla. 1st DCA 2010)