CHARLESTON KAREEM LARRY v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

CHARLESTON KAREEM LARRY, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D15-3247

Decided: 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 Appellee.

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.

PER CURIAM.

ORFINGER and TORPY, JJ., and JACOBUS, B.W., Senior Judge, concur.

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