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Szymanski v. State

District Court of Appeal of Florida, Second District.
Mar 7, 2018
238 So. 3d 934 (Fla. Dist. Ct. App. 2018)

Opinion

Case No. 2D17–210

03-07-2018

Rose SZYMANSKI, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II, Public Defender, and Caroline Joan Picart, Special Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


Howard L. Dimmig, II, Public Defender, and Caroline Joan Picart, Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Rose Szymanski appeals her judgment and sentences for battery on a law enforcement officer, possession of cannabis, and possession of drug paraphernalia. We affirm in all respects but one. Ms. Szymanski argues—and the State correctly concedes—that the trial court erred by explicitly relying upon her lack of remorse in imposing her sentences. Our precedents require that we reverse Ms. Szymanski's sentences and remand the case to the trial court with instructions for Ms. Szymanski to be resentenced before a different judge. See Williams v. State, 164 So.3d 739, 740–41 (Fla. 2d DCA 2015) ; Brown v. State, 27 So.3d 181, 183 (Fla. 2d DCA 2010).

Affirmed in part, reversed in part, and remanded with instructions.

CASANUEVA, CRENSHAW, and SALARIO, JJ., Concur.


Summaries of

Szymanski v. State

District Court of Appeal of Florida, Second District.
Mar 7, 2018
238 So. 3d 934 (Fla. Dist. Ct. App. 2018)
Case details for

Szymanski v. State

Case Details

Full title:Rose SZYMANSKI, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Second District.

Date published: Mar 7, 2018

Citations

238 So. 3d 934 (Fla. Dist. Ct. App. 2018)