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133 So. 3d 607

Adkison v. State

District Court of Appeal of Florida · decided 2014-03-04

Cited by 2 later decisions — most recently April 2019

2 state decisions

Relies on 39 So. 3d 427 - Jackson v. State · Dumas v. State

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Decided 2014-03-04

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PER CURIAM.

¶1Terry 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.

¶2AFFIRMED in part; VACATED in part; and REMANDED with instructions to resentence Appellant before a different judge.

BENTON, PADOVANO, and RAY, JJ., concur.
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