Legal Opinion

Chatman v. State

District Court of Appeal of Florida

Decided October 28, 2016No. 1D15-4671Published

1Per curiam

Appellant raises two issues on appeal. He contends that the evidence at trial was insufficient to sustain his conviction, and also that fundamental error was committed by the trial court when it considered the truthfulness of his testimony when imposing sentence. We affirm the first issue without further comment. With regard to the second issue, it is impermissible for a trial judge to consider a defendant’s veracity when rendering a sentencing decision. Robinson v. State, 637 So.2d 998, 999 (Fla. 1st DCA 1994); Carswell v. State, 75 So.3d 419 (Fla. 1st DCA 2011). Before announcing…

2Cases cited4 opinions

  1. Jackson v. StateDistrict Court of Appeal of Florida · 2010
  2. Smith v. StateDistrict Court of Appeal of Florida · 2011
  3. Robinson v. StateDistrict Court of Appeal of Florida · 1994
  4. Carswell v. StateDistrict Court of Appeal of Florida · 2011

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