ROSE SZYMANSKI
v.
STATE OF FLORIDA
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A trial court commits error when it explicitly relies upon a defendant's lack of remorse in imposing sentence.
[1] A trial court abuses its discretion by explicitly relying upon a defendant's lack of remorse as a sentencing factor, requiring reversal of the sentences and resentencing…
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Join FLexlaw to unlock all legal intelligenceRose Szymanski was convicted of battery on a law enforcement officer, possession of cannabis, and possession of drug paraphernalia. The trial court im…
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PER CURIAM.
Rose Szymanski appeals her judgment and sentences for battery on a law enforcement officer, possession of cannabis, and possession of drug paraphernalia.
We affirm in all respects but one. Ms. Szymanski argues—and the State correctly concedes—that the trial court erred by explicitly relying upon her lack of remorse in imposing her sentences. Our precedents require that we reverse Ms. Szymanski's sentences and remand the case to the trial court with instructions for Ms. Szymanski to be resentenced before a different judge. See Williams v. State, 164 So. 3d 739, 740-41 (Fla. 2d DCA 2015); Brown v. State, 27 So. 3d 181, 183 (Fla. 2d DCA 2010).
Affirmed in part, reversed in part, and remanded with instructions.
CASANUEVA, CRENSHAW, and SALARIO, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Glenford Brown v. State, 27 So. 3d 181 (Fla. 2d DCA 2010)
- Williams v. State, 164 So. 3d 739 (Fla. 2d DCA 2015)
- Benton v. State, 164 So. 3d 739 (Fla. 5th DCA 2015)