ANTHONY WARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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It is fundamental error for a sentencing judge to consider a defendant's truthfulness during testimony when imposing a sentence.
The defendant was convicted of several crimes and at sentencing, the judge stated the defendant's testimony was not credible. The defendant appealed t…
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Anthony Ward testified at a jury trial where he was convicted of several crimes. At his sentencing, the trial judge justified the sentence by stating, in part, “I did not find your testimony credible.”
It is fundamental error for a sentencing judge to take into consideration a defendant’s truthfulness while testifying: See Josephs v. State, 86 So.3d 1270, 1272 (Fla. 4th DCA 2012); Walden v. State, 123 So.3d 1164, 1167 (Fla. 4th DCA 2013); Bratcher v. State, 743 So.2d 112, 114 (Fla. 5th DCA 1999). The Supreme Court explained the rationale for this rule in City of Daytona Beach v. Del Percio:
Conflicting evidence inheres in most trials, and to allow imposition of a harsher sentence merely because the trial judge *680believes the evidence supporting his finding of guilt, would create a catch-22 — the defendant may not be punished for his exercise of the right to trial but may be punished for his lack of candor during the trial.
476 So.2d 197, 205 (Fla.1985).
We have considered the other point raised on appeal and find no reversible error.
This case is affirmed in part, reversed in part, and remanded for resentencing before a judge other than the original sentencing judge. See Josephs, 86 So.3d at 1272.
DAMOORGIAN, C.J., and STEVENSON, J., concur.
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Maxime Cherilus v. State, 199 So. 3d 392 (Fla. 4th DCA 2016)…132, [*395] 136 (Fla. 2d DCA 2009) (quoting City of Daytona Beach v. Del Percio, 476 So. 2d 197, 205 (Fla.1985)). Such reliance constitutes a denial of due process and warrants resentencing before a different judge. See id.; see also Ward v. State, 152 So. 3d 679, 679 (Fla. 4th DCA 2014) (holding that the sentencing judge erred when he justified the sentence by stating “I did not find your testimony credible” and that it is fundamental error to take into consideration a defendant’s truthfulness when testifyi…
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Lorenza Session v. State, 221 So. 3d 688 (Fla. 4th DCA 2017)…on such “would create a catch-22—the defendant may not be punished for his exercise of the right to trial but may be punished for his lack of candor during the trial” (quoting Hannum v. State, 13 So. 3d 132, 136 (Fla. 2d DCA 2009))); Ward v. State, 152 So. 3d 679, 679 (Fla. 4th DCA 2014) (reversing sentence as fundamentally erroneous where judge justified the sentence by stating “I did not find your testimony credible”); Josephs v. State, 86 So. 3d 1270, 1272 (Fla. 4th DCA 2012) (holding that “a defendant’s…
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Ryan v. State (Fla. 3d DCA 2023)…ring this trial, this Court gave that very serious consideration. (Emphasis added). Traditionally in Florida, it was “fundamental error for a sentencing judge to take into consideration a defendant’s truthfulness while testifying.” Ward v. State, 152 So. 3d 679, 679 (Fla. 4th DCA 2014). See also Daytona Beach v. Del Percio, 476 So. 2d 197, 205 (Fla. 1985); Beauvais v. State, 475 So. 2d 1342 (Fla. 3d DCA 1985). However, the Florida Supreme Court, relying on federal precedent in United States v. Grayson,…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Daytona Beach v. Del Percio, 476 So. 2d 197 (Fla. 1985)
- Josephs v. State, 86 So. 3d 1270 (Fla. 4th DCA 2012)
- Bratcher v. State, 743 So. 2d 112 (Fla. 5th DCA 1999)
- Walden v. State, 123 So. 3d 1164 (Fla. 4th DCA 2013)