Florida District Courts of Appeal, 2017

McDowell v. State

McDowell v. State
Florida District Courts of Appeal · Decided March 7, 2017 · Brown, John, Makar, Winsor
211 So. 3d 373; 2017 WL 899913; 2017 Fla. App. LEXIS 3000 (Southern Reporter, Third Series)

McDowell v. State

Opinion of the Court

PER CURIAM.

Appellant challenges her fifteen-year prison sentence for DUI manslaughter. She argues that the trial court committed fundamental error in suggesting that her sentence may have been different had she cooperated and admitted guilt at an earlier stage of the case. The State appropriately concedes that Appellant is entitled to relief. Accordingly, we VACATE the sentence and REMAND with instructions for Appellant to be resentenced before a different judge. See Dumas v. State, 134 So.3d 1048, 1048 (Fla. 1st DCA 2013); Ritter v. State, 885 So.2d 413, 414-15 (Fla. 1st DCA 2004).

MAKAR and WINSOR, JJ., and BROWN, JOHN T., ASSOCIATE JUDGE, CONCUR.

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