MacIntosh v. State

Damien 0. Macintosh appeals, his five-year sentence.for. grand theft and assault. Although the sentence was authorized by the Criminal Punishment. Code, section 921.002, Florida Statutes (2014), Macintosh correctly argues that the trial' court violated his due process rights by basing his sentence, at least in part, on uncharged or dismissed offenses. See Crouse v. State, 101 So.3d 901, 903 (Fla. 4th DCA 2012) (holding that while sentencing court may consider “any and all information that reasonably might bear on the proper sentence,” it may not consider “unsubstantiated allegations of…