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211 So. 3d 357

Larry v. State

District Court of Appeal of Florida

Decided February 24, 2017

District Court of Appeal of Florida · decided 2017-02-24

Cited by 2 later decisions — most recently October 2017

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2017-02-24

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PER CURIAM.

¶1Appellant raises two points on appeal, only one of which merits discussion. Immediately prior to sentencing, the trial court speculated about Appellant’s past behavior for which there was no record basis. Moreover, the subject matter of the past behavior was not relevant to the sentence. Under these circumstances, the sentence must be reversed and remanded for re-sentencing before a different judge.

¶2AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ORFINGER and TORPY, JJ., and JACOBUS, B.W., Senior Judge, concur.
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