PERRY
v.
STATE OF FLORIDA
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An otherwise legal sentence will not be reversed unless there is affirmative indication that the trial court actually based the sentence on an impermissible factor.
“there must be some affirmative indication that a trial court actually based the sentence on an impermissible factor before an otherwise legal sentence will be reversed.”
Court stated the governing legal standard for challenging sentences on appeal.
Perry was sentenced by the trial court in a criminal case. The appellate record did not contain affirmative indication that the sentence was based on …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
AFFIRMED. See Johnson v. State, 301 So. 3d 443, 448 (Fla. 1st DCA 2020) (citing Serrano v. State, 279 So. 3d 296, 302 (Fla. 1st DCA 2019)) (“[T]here must be some affirmative indication that a trial court actually based the sentence on an impermissible factor before an otherwise legal sentence will be reversed.”).
OSTERHAUS, C.J., and RAY and BILBREY, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Jessica J. Yeary, Public Defender, and Danielle Jorden, Assistant Public Defender, Tallahassee, for Appellant.
James Uthmeier, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Perry v. State (Fla. 1st DCA 2026)…PER CURIAM. AFFIRMED. See Johnson v. State, 301 So. 3d 443, 448 (Fla. 1st DCA 2020) (citing Serrano v. State, 279 So. 3d 296, 302 (Fla. 1st DCA 2019)) (“[T]here must be some affirmative indication that a trial court actually based the sentence on an impermissible factor before an otherwise legal sentence wi…1 / 2
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Phillips v. State, 286 So. 3d 905 (Fla. 1st DCA 2019)
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Shaquon Johnson v. State, 301 So. 3d 443 (Fla. 1st DCA 2020)
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Perry v. State (Fla. 1st DCA 2026)