SMITH v. STATE

No. 1D06-5446.

982 So.2d 69 (2008)

Tammera R. SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 21, 2008.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, John B. Kelly, III, Assistant Public Defender, and Glen P. Gifford, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Thomas Winokur, Tallahassee, for Appellee.


BENTON, J.

On direct appeal, Tammera Smith contends she is entitled to be resentenced before a different judge because the judge who in fact sentenced her erred in permitting the victim's sister and mother, in addition to the victim herself, to testify at the sentencing hearing, section 921.143(1), Florida Statutes (2005), notwithstanding. We affirm.

Ms. Smith argues section 921.143(1) should be read to permit testimony of an adult victim's mother at a sentencing...

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