DAVIS v. STATE

No. 4D13-0815.

149 So.3d 1158 (2014)

Johnathan Kenneth Ray DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 22, 2014.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Tatjana Ostapoff , Assistant Public Defender, West Palm Beach.

Pamela Jo Bondi , Attorney General, Tallahassee and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

Davis appeals his convictions and sentence for three counts of attempted first degree murder with a firearm. We affirm his convictions without discussion, but vacate his sentence and remand for resentencing before a different judge because the trial court improperly considered Davis's lack of remorse in sentencing him.

At the sentencing hearing, the State asked the court to sentence Davis to the lowest permissible sentence, a twenty-five year mandatory...

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