JEFFREY SIPKA AND JUDY SIPKA, APPELLANTS,

v.

MARYLAND CASUALTY COMPANY, A FOREIGN CORPORATION, APPELLEE

Citator

Cited By

• Hampton v. State, 764 So. 2d 829 (Fla. 1st DCA 2000)
  …diction over one-third of the sentence. See Macias v. State, 614 So. 2d 1216 (Fla. 3d DCA 1993). “It is established that retention of jurisdiction is a harsher penalty than a sentence for the same number of years without retention.” Harden v. State, 428 So. 2d 316, 317 (Fla. 4th DCA 1983). To satisfy the requirements of statutory subsection' (3)(a), a trial court must state with individual particularity the justification for retaining jurisdiction over a portion of the sentence. See Sanders v. State, 400 So.…
• Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010)
  …tery charged and has persisted in maintaining his innocence, we conclude that it was improper for the trial court to aggravate the sentence imposed because the defendant failed to exhibit remorse for having committed the offense.”); Harden v. State, 428 So. 2d 316, 317 (Fla. 4th DCA 1983) (“Where the court predicated the length of the sentence on the defendant’s failure to show any inclination toward repentance, which in the context of the comment clearly meant a failure to confess, the court violated the def…
• Owen v. State, 441 So. 2d 1111 (Fla. 3d DCA 1983)
  …ion given by the trial court for sentence enhancement is reviewable on' appeal for substance and reasonableness, Moore v. State, and for the purpose of insuring that other rights of the defendant are not violated in the process. See Harden v. State, 428 So. 2d 316 (Fla. 4th DCA 1983) (defendant’s exercise of his constitutional right against self-incrimination cannot be the basis for enhancement of his sentence). A trial judge has considerable discretion in imposing a sentence but that discretion has always b…

Authorities Cited

• Travelers Ins. Co. v. Bartoszewicz, 404 So. 2d 1053 (Fla. 1981)
• Nicks v. Hartford Ins. Grp., 291 So. 2d 673 (Fla. 2d DCA 1974)