KIMBROUGH v. STATE

No. 3D19-1173.

300 So.3d 1234 (2020)

Joshua KIMBROUGH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Opinion filed March 25, 2020.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Deborah Prager , Assistant Public Defender, for appellant.

Ashley Moody , Attorney General, and Ivy R. Ginsberg , Assistant Attorney General, for appellee.

Before EMAS, C.J., and GORDO and LOBREE, JJ.


Joshua Kimbrough appeals his sentence upon conviction for resisting an officer without violence. He asserts that he is entitled to have his sentence vacated and be resentenced by another judge because the trial court improperly considered prior charges of which he had been acquitted when imposing the sentence.

"[I]t is fundamental...

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