Josey v. State

Because the record reflects that the trial court expressly relied upon Josey’s failure to admit culpability when imposing Josey’s sentence, we are compelled to reverse and remand for resentencing before a different judge. See Holton v. State, 573 So.2d 284, 292 (Fla.1990) (“The fact that a defendant has pled not guilty cannot be used against him or her during any stage of the proceedings because due process guarantees an individual the right to maintain innocence even when faced with evidence of overwhelming guilt.”); Colon v. State, 53 So.3d 376, 379 (Fla. 5th DCA 2011) (“[W]e agree with…