Jackson v. State Of Fla.
| Decision Date | 25 June 2010 |
| Docket Number | No. 1D09-3735.,1D09-3735. |
| Citation | 39 So.3d 427 |
| Parties | Ronald JACKSON, Appellant,v.STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender; and M.J. Lord, Assistant Public Defender, Tallahassee, for Appellant.
Bill McCollum, Attorney General; and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.
Ronald Jackson appeals a conviction and sentence for armed robbery while actually possessing a firearm. We affirm without comment the trial court's rulings made during the guilt phase of the trial. We vacate the 25-year prison sentence, however, because the trial court's remarks immediately before pronouncing the sentence are reasonably construed as affirmatively punishing Jackson for failing to show any remorse or regret for any of his actions, thereby denying due process and fundamentally erring.
At sentencing, the trial court made several remarks, including the following:
Mr. Jackson, you've been convicted by a jury of your peers, since you show no remorse or regret for any of your actions I'm going to sentence you to 25 years Florida State Prison....
The evidence in this case, although sufficient to support a conviction, was not overwhelming, relying largely upon a photo lineup identification. Appellant made no admission of complicity in the crime charged. The statement made by the trial court can reasonably be read only as conditioning the sentence, at least in part, upon appellant's claim of innocence, in violation of established law. See
Nawaz v. State, 28 So.3d 122, 124-25 (Fla. 1st DCA 2010) (); Whitmore v. State, 27 So.3d 168, 169-72 (Fla. 4th DCA 2010) (); Jiles v. State, 18 So.3d 1216 (Fla. 5th DCA 2009) (); Hannum v. State, 13 So.3d 132, 134-36 (Fla. 2d DCA 2009) (); ...
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