Davis v. State

"...when sentencing within the statutory range.” Davis v. State, 268 So.3d 958, 961 (Fla. 1st DCA 2019) (en banc), approved, 332 So.3d 970 (Fla. 2021). Davis, the sentencing judge had stated, “[Considering your history here, your failure to take any responsibility, the nature of the crime, the ..."

"...properly consider Kirk's voluntary statements blaming others and refusing to take responsibility for his actions. See Davis v. State , 332 So. 3d 970, 978 (Fla. 2021) ("We hold that when a defendant voluntarily chooses to allocute at a sentencing hearing, the sentencing court is permitted t..."

"...… of the defendant’s failure to accept responsibility" is not foreclosed by the statutory sentencing scheme. Davis v. State, 332 So. 3d. 970, 975 (Fla. 2021). Thus we cannot conclude, as Soto urges, that fundamental error occurred where the trial court considered and commented upon Soto’s f..."

"...that it was not error for the trial court to consider Ryan’s testimony in fashioning the appropriate sentence. See also Davis v. State, 332 So. 3d 970, 977 (Fla. 2021) ("[B]ecause Davis waived the right to maintain his silence, the trial court did not violate Davis’s right to due process by..."

"...and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.PER CURIAM.AFFIRMED. See Davis v. State , 332 So.3d 970, 978 (Fla. Dec. 2, 2021) (holding "that when a defendant voluntarily chooses to allocute at a sentencing hearing, the sentencing court is permitted to cons..."

"...when sentencing within the statutory range.” Davis v. State, 268 So.3d 958, 961 (Fla. 1st DCA 2019) (en banc), approved, 332 So.3d 970 (Fla. 2021). Davis, the sentencing judge had stated, “[Considering your history here, your failure to take any responsibility, the nature of the crime, the ..."

"...properly consider Kirk's voluntary statements blaming others and refusing to take responsibility for his actions. See Davis v. State , 332 So. 3d 970, 978 (Fla. 2021) ("We hold that when a defendant voluntarily chooses to allocute at a sentencing hearing, the sentencing court is permitted t..."

"...… of the defendant’s failure to accept responsibility" is not foreclosed by the statutory sentencing scheme. Davis v. State, 332 So. 3d. 970, 975 (Fla. 2021). Thus we cannot conclude, as Soto urges, that fundamental error occurred where the trial court considered and commented upon Soto’s f..."

"...that it was not error for the trial court to consider Ryan’s testimony in fashioning the appropriate sentence. See also Davis v. State, 332 So. 3d 970, 977 (Fla. 2021) ("[B]ecause Davis waived the right to maintain his silence, the trial court did not violate Davis’s right to due process by..."

"...and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.PER CURIAM.AFFIRMED. See Davis v. State , 332 So.3d 970, 978 (Fla. Dec. 2, 2021) (holding "that when a defendant voluntarily chooses to allocute at a sentencing hearing, the sentencing court is permitted to cons..."