Lisa Marie Macan v. State of Florida

Appellant, Lisa Macan, appeals her judgment and sentence for neglect of an elderly person without great bodily harm, possession of a controlled substance, and petit theft. We affirm her convictions without further comment. However, because we agree that the trial court fundamentally erred when it considered Macan’s lack of remorse when imposing the sentence, we vacate the sentence and remand for resentencing before another judge.

Ordinarily, a trial court’s imposition of a sentence within the minimum and maximum limits is a discretionary "matter. Nusspickel v. State, 966 So.2d 441, 444 (Fla.…