Fernandez v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the State failed to carry its burden where sentencing court specifically referred to the new offense during sentencing
• holding that consideration of a constitutionally impermissible sentencing factor may amount to fundamental error
• holding that the trial court improperly relied on a subsequent charge in sentencing where the trial court stated she was imposing the sentence “based on the fact that you re-offended” among other reasons
• remanding for resentencing before a different judge when the trial court considered impermissible factors at sentencing
• \[C]onsideration of a constitutionally impermissible sentencing factor is a fundamental error in the sentencing process.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• N.D.W. v. State
  District Court of Appeal of Florida· 2017-12-27· cited 8×
• Love v. State
  District Court of Appeal of Florida· 2018-01-12· cited 8×
• KIMBERLY JANE LUNDQUIST v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-09-07· cited 4×
• TIMOTHY TURNER v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-12-19· cited 4×
• MARCUS STRONG v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-06-20· cited 3×
• ADAM T. THARP v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-05-29· cited 2×
• RAYMOND HILLARY v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2017-12-13
• ROBERT BAEHREN v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-01-10
• ALEX NICHOLS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-11-08
• VICTOR TAYLOR LOVE v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2019-11-22
• RASHAD MILANES v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2020-06-03
• CHANTERIA NICOLE LACEY v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2021-02-24
• Vazquez v. State
  District Court of Appeal of Florida· 2017-03-15
• SHAUN WYRICH v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2023-09-01
• Michael Geno Manna v. State of Florida
  District Court of Appeal of Florida· 2025-08-13

Cites

10 cases in this archive are cited by this case.

• Jackson v. State
  Supreme Court of Florida· 2008-05-29· cited 203×
• Sidney Norvil, Jr. v. State of Florida
  Supreme Court of Florida· 2016-04-28· cited 48×
• Bracero v. State
  District Court of Appeal of Florida· 2009-04-17· cited 40×
• Yisrael v. State
  District Court of Appeal of Florida· 2011-07-22· cited 23×
• Brown v. State
  District Court of Appeal of Florida· 2010-02-05· cited 18×
• Gray v. State
  District Court of Appeal of Florida· 2007-09-26· cited 13×
• Norvil v. State
  District Court of Appeal of Florida· 2014-03-12· cited 12×
• Richard Leroy Hayes v. State of Florida
  District Court of Appeal of Florida· 2014-09-22· cited 8×
• Williams v. State
  District Court of Appeal of Florida· 2015-05-22· cited 8×
• Goldstein v. State
  District Court of Appeal of Florida· 2015-01-07· cited 5×