Trimeka Shanta Wood v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 22, 2014
• Docket: 13-5829
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

TRIMEKA SHANTA WOOD, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED

v. CASE NO. 1D13-5829

STATE OF FLORIDA,

Appellee.

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Opinion filed October 23, 2014.

An appeal from the Circuit Court for Alachua County. Robert Groeb, Judge.

Nancy A. Daniels, Public Defender, Tallahassee; Diana L. Johnson of Johnson and Lufrano, P.A., Jacksonville, for Appellant.

Pamela Jo Bondi, Attorney General and Samuel Steinberg, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this appeal, Ms. Trimeka Wood challenges her sentence based on the trial

judge’s statement that her sentence was based, in part, on her “continued denial of

any culpability.” Our precedents make clear that a sentence conditioned, even in

part, on a defendant’s “lack of remorse and claim of innocence” violates due

process and warrants remand for resentencing before a new judge. Adkinson v. State, 133 So. 3d 607, 607 (Fla. 1st DCA 2014); Dumas v. State, 134 So. 3d 1048,

1048 (Fla. 1st DCA 2013); Jackson v. State, 39 So. 3d 427, 428 (Fla. 1st DCA

2010); Ritter v. State, 885 So. 2d 413, 414 (Fla. 1st DCA 2004).

Accordingly, we VACATE the sentence and REMAND for resentencing

before a new judge.

VAN NORTWICK, WETHERELL, and MAKAR, JJ., CONCUR.