Summary
affirming the appellant's convictions, but vacating his sentences and remanding for resentencing before a different judge because the trial court's oral pronouncement " ‘can be reasonably read only as conditioning the sentence, at least in part, on Appellant's lack of remorse and claim of innocence, which is a violation of [his] due process rights’ "
Summary of this case from Davis v. StateOpinion
No. 1D12–1930.
2014-03-4
Terry ADKISON, Appellant, v. STATE of Florida, Appellee.
An appeal from the Circuit Court for Duval County. Mark Hulsey III, Judge. Nancy A. Daniels, Public Defender, and Terry P. Roberts of Law Office of Terry P. Roberts, Special Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Brittany Rhodaback, Assistant Attorney General, Tallahassee, for Appellee.
An appeal from the Circuit Court for Duval County. Mark Hulsey III, Judge.
Nancy A. Daniels, Public Defender, and Terry P. Roberts of Law Office of Terry P. Roberts, Special Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Brittany Rhodaback, Assistant Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Terry Adkison, Appellant, appeals from his convictions and sentences for three counts of sexual battery with a deadly weapon. He raises two issues, only one of which merits reversal. We affirm Appellant's convictions but vacate his sentences and remand for resentencing because the court's oral pronouncement “can be reasonably read only as conditioning the sentence, at least in part, on Appellant's lack of remorse and claim of innocence, which is a violation of Appellant's due process rights.” See Dumas v. State, 134 So.3d 1048 (Fla. Feb. 8, 2013); Jackson v. State, 39 So.3d 427, 428 (Fla. 1st DCA 2010). This error requires resentencing before a different judge. Jackson, 39 So.3d at 428.
AFFIRMED in part; VACATED in part; and REMANDED with instructions to resentence Appellant before a different judge. BENTON, PADOVANO, and RAY, JJ., concur.