MORIN CHERFRERE
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2021-11-24
No. 19-2065
Clifford, Collins, Hornby, McKusick, Roberts, Wathen
Florida District Court of Appeal, Third District (2021)

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Holding

Trial court factual findings regarding sentencing statutory factors supported by competent, substantial evidence in the record must be affirmed, and the sentencing decision itself is reviewed only for abuse of discretion.


Headnotes

[1] Trial court factual findings regarding statutory sentencing factors are reviewed on appeal for the existence of competent, substantial evidence in the record, while the t…

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Key Quotes

“On appeal, any factual findings by the trial court which are supported by competent, substantial evidence in the record must be affirmed, and the court's ultimate sentencing decision is reviewed for abuse of discretion.”

Articulating the standard of review for sentencing appeals in Florida

Facts & Procedural History

Morin Cherfrere was sentenced by the trial court based on statutory sentencing factors. The appeal concerned whether the trial court's factual finding…

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Opinion of the Court

PER CURIAM.

Affirmed. See Hernandez v. State, 43 Fla. L. Weekly D1079, D1080 (Fla. 3d DCA May 16, 2018) (“The trial court’s findings of fact on the statutory factors listed in [section 921.1402] are reviewed for the existence of competent, substantial evidence in the record.”); Bell v. State, 313 So. 3d 1183, 1187 (Fla. 1st DCA 2021) (“On appeal, any factual findings by the trial court which are supported by competent, substantial evidence in the record must be affirmed, and the court’s ultimate sentencing decision is reviewed for abuse of discretion.” (citing Jackson v. State, 276 So. 3d 73, 76 (Fla. 1st DCA 2019))).


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