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· 1/29/2010

Nawaz v. State

Citations

  • 28 So. 3d 122
  • 2010 Fla. App. LEXIS 576
  • 2010 WL 325915

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 trial court’s apparent consideration of the defendant’s national origin during sentencing amounted to a due process violation and required resentencing by a different judge
  • finding that although a defendant challenging a sentencing error must generally file a motion under rule 3.800(b
  • finding that fundamental error occurred when the trial court based a sentence partly on an impermissible ground
  • noting that a sentencing court’s consideration of an impermissible factor constitutes an error in the process and not a sentencing error
  • finding fundamental error where trial court appeared to base sentence partly on defendant’s national origin
  • vacating sentence and remanding based on successful assertion “that the trial court considered a constitutionally impermissible factor, namely appellant’s national origin, during the sentencing process”

Source: CourtListener parenthetical corpus (CC0).

Judges: Webster, Padovano, Rowe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.