Charleston Kareem LARRY, Appellant, v. STATE of Florida, Appellee
Florida District Court of Appeal
· February 24, 2017 · Docket Case No. 5D15-3247
211 So. 3d 357
Syllabus
Charleston Kareem LARRY, Appellant, v. STATE of Florida, Appellee. Case No. 5D15-3247 District Court of Appeal of Florida, Fifth District. Opinion filed February 24, 2017 James S. Purdy, Public Defender, and Robert Jackson Pearce III, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Ap-pellee.
Full Opinion (529 characters)
PER CURIAM. Appellant 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. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. ORFINGER and TORPY, JJ., and JACOBUS, B.W., Senior Judge, concur.
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