Florida District Courts of Appeal, 2017

Larry v. State

Larry v. State
Florida District Courts of Appeal · Decided February 24, 2017 · Jacobus, Orfinger, Torpy
211 So. 3d 357; 2017 WL 728070; 2017 Fla. App. LEXIS 2523 (Southern Reporter, Third Series)

Larry v. State

Opinion of the Court

PER CURIAM.

Appellant raises two points on appeal, only one of which merits discussion. Immediately prior to sentencing, the trial court speculated about Appellant’s past behavior for which there was no record basis. Moreover, the subject matter of the past behavior was not relevant to the sentence. Under these circumstances, the sentence must be reversed and remanded for re-sentencing before a different judge.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ORFINGER and TORPY, JJ., and JACOBUS, B.W., Senior Judge, concur.

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