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McDowell v. State

District Court of Appeal of Florida, First District.
Mar 7, 2017
211 So. 3d 373 (Fla. Dist. Ct. App. 2017)

Opinion

CASE NO. 1D16–3227

03-07-2017

Barbara Lynne MCDOWELL, Appellant, v. STATE of Florida, Appellee.

William Mallory Kent, Jacksonville, for Appellant. Pamela Jo Bondi, Attorney General and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.


William Mallory Kent, Jacksonville, for Appellant.

Pamela Jo Bondi, Attorney General and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

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.


Summaries of

McDowell v. State

District Court of Appeal of Florida, First District.
Mar 7, 2017
211 So. 3d 373 (Fla. Dist. Ct. App. 2017)
Case details for

McDowell v. State

Case Details

Full title:Barbara Lynne MCDOWELL, Appellant, v. STATE of Florida, Appellee.

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

Date published: Mar 7, 2017

Citations

211 So. 3d 373 (Fla. Dist. Ct. App. 2017)