Shelton v. State
59 So. 3d 248
Fla. Dist. Ct. App.2011Background
- Defendant was convicted by a jury of home invasion with a firearm and attempted sexual battery with threat of force.
- Circuit court sentenced: life imprisonment on Count 1 and 15 years on Count 2, to be served concurrently.
- Defendant argues the court relied on his lack of remorse in imposing the life sentence.
- Defendant did not object to the sentencing remarks, so the issue was not preserved on direct review.
- Court held there was no error; remarks shown were not used to punish defendant but reflected lack of mitigation and the heinous nature of the crime.
- Affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the life sentence improper for lack of remorse? | State contends no improper use of remorse. | Estate argues remorse was used to discriminate against him. | No improper use; no error. |
Key Cases Cited
- Holton v. State, 573 So.2d 284 (Fla.1990) (due process concerns about protestations of innocence during sentencing)
- K.N.M. v. State, 793 So.2d 1195 (Fla.5th DCA 2001) (remorse may mitigate but not required in sentencing)
- German v. State, 27 So.3d 130 (Fla.4th DCA 2010) (courts must avoid improper considerations in sentencing and may cite nothing improper in remarks)
- Hayward v. State, 24 So.3d 17 (Fla.2009) (fundamental error when due process denied; remorse as mitigator)