BURNS v. STATE (2022)

District Court of Appeal of Florida, First District.

Carl Lewis BURNS, Appellant, v. STATE of Florida, Appellee.

No. 1D16-5113

Decided: July 20, 2022

Jessica J. Yeary, Public Defender, and David A. Henson, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Appellee.

On Remand From the Florida Supreme Court

The Florida Supreme Court has remanded this case for our reconsideration in light of Davis v. State, 332 So. 3d 970 (Fla. 2021). In Davis, the supreme court held that a sentencing court does not err in considering a criminal defendant's failure to take responsibility or express remorse. We reversed Appellant's sentences because of the sentencing judge's reliance on Appellant's lack of remorse, so Davis now requires us to affirm Appellant's sentences, and we do.

Affirmed.

Per Curiam.

Roberts, Kelsey, and M.K. Thomas, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network