Legal Opinion

McGill v. State

District Court of Appeal of Florida

Decided October 10, 2014No. 5D13-4552PublishedCited by 9 opinions

1Opinion of the CourtLawson, J.

Damiroquan McGill appeals his twelve-year sentence for possession of a firearm by a delinquent, which was direct filed and adjudicated in adult court. Although the sentence was below the statutory maximum penalty, McGill correctly argues that the sentencing court violated his due process rights by basing his sentence, at least in part, on improper considerations. See Yisrael v. State, 65 So.3d 1177, 1178 (Fla. 1st DCA 2011) (stating that “[cjonsider-ation of pending or dismissed charges during sentencing results in a denial of the defendant’s due process rights”); Crouse v. State, 101 So.3d…

2Cases cited3 opinions

  1. Yisrael v. StateDistrict Court of Appeal of Florida · 2011
  2. Crouse v. StateDistrict Court of Appeal of Florida · 2012
  3. Jansson v. StateDistrict Court of Appeal of Florida · 1981

3Cited by9 opinions

  1. Berben v. StateDistrict Court of Appeal of Florida · 2019
  2. Shelko v. StateDistrict Court of Appeal of Florida · 2019
  3. MacIntosh v. StateDistrict Court of Appeal of Florida · 2016
  4. Johnny M. Brown, Jr. v. StateDistrict Court of Appeal of Florida · 2017
  5. Berben v. StateDistrict Court of Appeal of Florida · 2019

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