78 So. 3d 14
Fla. Dist. Ct. App.2011Background
- Michael Patrick Ryan was convicted in Florida; district court affirmed the conviction.
- At sentencing, the trial court sua sponte raised concerns about Ryan's lack of remorse.
- Ryan had a lengthy history with prior offenses; the record notes 36 priors and two related convictions in the case at issue.
- The majority affirmed the sentence; one judge (EMAS, J., concurring in part and dissenting in part) would have vacated and remanded for resentencing before a different judge.
- The dissent argues that using a defendant's lack of remorse as a sentencing factor, especially sua sponte, risks undermining fairness and allocution rights.
- The dissenting opinion cites several prior Florida decisions on the propriety of considering remorse and assigns reasons for remand before a different judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of remorse can be used as a sentencing factor | State argues trial court may consider lack of remorse as a sentencing factor. | Ryan argues such consideration, especially sua sponte, is improper and risks fairness and rights to allocution. | Remorsemay be considered; the court found the court did assess lack of remorse as a factor. |
| Whether the sentence should be vacated and remanded for resentencing before a different judge | State bears no automatic remand requirement based solely on remorse considerations. | Ryan contends the sentence should be vacated and resentenced before a different judge due to appearance of fairness concerns. | Sentence affirmed by majority; remand to a different judge was not adopted in the ruling. |
Key Cases Cited
- Mentor v. State, 44 So. 3d 195 (Fla. 3d DCA 2010) (remand when lack of remorse influenced sentencing)
- T.R. v. State, 26 So. 3d 80 (Fla. 3d DCA 2010) (analysis of remorse in sentencing)
- Soto v. State, 874 So. 2d 1215 (Fla. 3d DCA 2004) (remorse and sentencing considerations)
- A.S. v. State, 667 So. 2d 994 (Fla. 3d DCA 1996) (remorse and sentencing considerations)
- Brunson v. State, 492 So. 2d 1155 (Fla. 3d DCA 1986) (precedent on sentencing factors)
- Jackson v. State, 39 So. 3d 427 (Fla. 1st DCA 2010) (remorse and sentencing conclusions)
- Holt v. State, 33 So. 3d 811 (Fla. 4th DCA 2010) (remorse-related sentencing considerations)
- Whitmore v. State, 27 So. 3d 168 (Fla. 4th DCA 2010) (sentencing and remorse discussion)
- Jiles v. State, 18 So. 3d 1216 (Fla. 5th DCA 2009) (remorse as a sentencing factor)
- Hannum v. State, 13 So. 3d 132 (Fla. 2d DCA 2009) (remorse and sentencing)
- K.N.M. v. State, 793 So. 2d 1195 (Fla. 5th DCA 2001) (remorse considerations in sentencing)
- K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997) (remorse and sentencing)
- Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984) (earlier discussions on remorse and sentencing)