CHARLESTON KAREEM LARRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2017-02-24
No. Case No. 5D15-3247
ORFINGER and TORPY, JJ., and JACOBUS, B.W., Senior Judge, concur.
211 So. 3d 357 Florida District Court of Appeal, Fifth District (2017) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant raises two points on appeal, only one of which merits discussion. Immediately prior to sentencing, the trial court speculated about Appellant’s past behavior for which there was no record basis. Moreover, the subject matter of the past behavior was not relevant to the sentence. Under these circumstances, the sentence must be reversed and remanded for re-sentencing before a different judge.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ORFINGER and TORPY, JJ., and JACOBUS, B.W., Senior Judge, concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Birlkey v. State, 220 So. 3d 431 (Fla. 4th DCA 2017)
    …of his desire to represent himself as expressed after sentencing, the series of events that the State posits would have happened is indeed highly probable, but without engaging in speculation, it is not entirely certain. See, e.g., C.D.C. v. State, 211 So. 3d 357, 360 (Fla. 4th DCA 2017) (“[W]e cannot say no reasonable possibility exists that the error did not contribute to the sentence.”). Thus, because the trial court erred in not renewing an offer of counsel to appellant prior to sentencing, we reverse a…
  • Kandace M. Williams v. State, 228 So. 3d 699 (Fla. 4th DCA 2017)
    …urt. Given that he relied on standby counsel to assist him in understanding and entering his plea, we cannot say there was no reasonable possibility appellant would have declined a renewed offer of counsel for sentencing. See, e.g., C.D.C. v. State, 211 So. 3d 357, 360 (Fla. 4th DCA 2017) ("[W]e cannot say no reasonable possibility exists that the error did not contribute to the sentence.”). Because the trial court failed to renew the offer of counsel to-appellant prior to sentencing, we reverse and remand f…
  • Urel A. Barrett v. State (Fla. 4th DCA 2023)

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