Lawton v. State

Franklin Lawton (“Lawton”) appeals from his sentence. On appeal, Lawton argues that the trial court impermissibly considered his lack of remorse when imposing sentence. 1 For the reasons discussed below, we vacate Lawton’s sentence and remand for resentencing before a different judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

Pursuant to section 921.0026(2)(d), Florida Statutes (2015), Lawton filed a motion for a downward departure based on the grounds that he required specialized treatment for his physical disabilities and was amenable to treatment. Neither in his motion nor at the hearing did…