RYAN v. STATE

No. 3D10-1709.

78 So.3d 14 (2011)

Michael Patrick RYAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 26, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Daniel Tibbitt , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Michael W. Mervine , Assistant Attorney General, for appellee.

Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

Affirmed.

EMAS, J., concurring in part and dissenting in part.

I join the majority in affirming without discussion the conviction. However, I dissent from the majority's affirmance of the sentence. I believe we should vacate the sentence and remand to the trial court for resentencing before a different judge. Where it is reasonably evident that the trial court, in determining the appropriate sentence, considered at least in part a defendant...

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