Richard Leroy Hayes v. State of Florida

Richard Leroy Hayes appeals his habitual felony offender (“HFO”) sentence for possession of a firearm by a convicted felon and possession of cocaine while armed. He asserts that the sentence is unconstitutional due to the sentencing judge’s comments about Hayes’ maintaining his innocence despite the jury’s verdict and failing to take responsibility or show remorse for his actions. Appellant seeks reversal of the sentence as an unconstitutional punishment for his exercise of his rights to due process, to a jury trial, and to not incriminate himself. Because the record does not support…