KELLY v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Deforest KELLY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D21-3019

Decided: February 18, 2022

Deforest Kelly, Milton, pro se. Ashley Moody, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.

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 consider the defendant's freely offered statements, including those indicating a failure to accept responsibility”); Collier v. State, 148 So. 3d 797, 798 (Fla. 1st DCA 2014) (holding that a claim that the trial court improperly took into account the defendant's lack of remorse and candor when imposing sentence is a challenge to the sentencing process, as opposed to the legality of the sentence itself, and thus cannot be raised in a Florida Rule of Criminal Procedure 3.800(a) motion); Guilford v. State, 88 So. 3d 998, 999 (Fla. 2d DCA 2012) (holding that a defendant's claim that the trial court erroneously considered his failure to admit guilt and accept responsibility for the crime is not cognizable in a rule 3.800(a) motion).

PER CURIAM.

LAMBERT, C.J., EISNAUGLE and TRAVER, JJ., concur.

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