Legal Opinion

Wood v. State

District Court of Appeal of Florida

Decided October 23, 2014No. 1D13-5829PublishedCited by 1 opinion

1Per curiam

In this appeal, Ms. Trimeka Wood challenges her sentence based on the trial judge’s statement that her sentence was based, in part, on her “continued denial of any culpability.” Our precedents make clear that a sentence conditioned, even in part, on a defendant’s “lack of remorse and claim of innocence” violates due process and warrants remand for resentencing before a new judge. Adkinson v. State, 133 So.3d 607, 607 (Fla. 1st DCA 2014); Dumas v. State, 134 So.3d 1048, 1048 (Fla. 1st DCA 2013); Jackson v. State, 39 So.3d 427, 428 (Fla. 1st DCA 2010); Ritter v. State, 885 So.2d 413, 414 (Fla.…

2Cases cited4 opinions

  1. Ritter v. StateDistrict Court of Appeal of Florida · 2004
  2. Jackson v. StateDistrict Court of Appeal of Florida · 2010
  3. Dumas v. StateDistrict Court of Appeal of Florida · 2013
  4. Adkison v. StateDistrict Court of Appeal of Florida · 2014

3Cited by1 opinion

  1. Alvin Davis v. State of FloridaDistrict Court of Appeal of Florida · 2019

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