Legal Opinion

Adkison v. State

District Court of Appeal of Florida

Decided March 4, 2014No. 1D12-1930PublishedCited by 3 opinions

1Per curiam

Terry Adkison, Appellant, appeals from his convictions and sentences for three counts of sexual battery with a deadly weapon. He raises two issues, only one of which merits reversal. We affirm Appellant’s convictions but vacate his sentences and remand for resentencing because the court’s oral pronouncement “can be reasonably read only as conditioning the sentence, at least in part, on Appellant’s lack of remorse and claim of innocence, which is a violation of Appellant’s due process rights.” See Dumas v. State, 134 So.3d 1048 (Fla. Feb. 8, 2013); Jackson v. State, 39 So.3d 427, 428 (Fla. 1st…

2Cases cited2 opinions

  1. Jackson v. StateDistrict Court of Appeal of Florida · 2010
  2. Dumas v. StateDistrict Court of Appeal of Florida · 2013

3Cited by3 opinions

  1. Alvin Davis v. State of FloridaDistrict Court of Appeal of Florida · 2019
  2. Wood v. StateDistrict Court of Appeal of Florida · 2014
  3. Trimeka Shanta Wood v. State of FloridaDistrict Court of Appeal of Florida · 2014

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