Smith v. State

How courts have described this case

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

• finding that the trial court committed fundamental error by considering the truthfulness of the defendant’s testimony during sentencing
• \It is also improper for the court to consider the truthfulness of a defendant's testimony when imposing sentence.\
• “ ‘It is impermissible for a trial court to consider a defendant’s assertions of his innocence and refusal to admit guilt in imposing sentence.’”
• “It is also improper for the court to consider the truthfulness of a defendant’s testimony when imposing sentence.”
• express consideration of such improper factors in sentencing denies due process and constitutes fundamental error requiring reversal and resentencing before a different judge

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Josephs v. State
  District Court of Appeal of Florida· 2012-05-09· cited 11×
• Gage v. State
  District Court of Appeal of Florida· 2014-07-18· cited 9×
• Williams v. State
  District Court of Appeal of Florida· 2015-05-22· cited 8×
• Johnson v. State
  District Court of Appeal of Florida· 2013-09-04· cited 7×
• Hampton v. State
  District Court of Appeal of Florida· 2015-11-06· cited 6×
• TIMOTHY TURNER v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-12-19· cited 4×
• Diaz v. State
  District Court of Appeal of Florida· 2013-02-08· cited 4×
• Pehlke v. State
  District Court of Appeal of Florida· 2016-04-15· cited 2×
• Carswell v. State
  District Court of Appeal of Florida· 2011-12-09· cited 2×
• Heatly v. State
  District Court of Appeal of Florida· 2016-05-20· cited 1×
• R.M.T. v. State
  District Court of Appeal of Florida· 2015-02-06· cited 1×
• Chatman v. State
  District Court of Appeal of Florida· 2016-10-28

Cites

4 cases in this archive are cited by this case.

• City of Daytona Beach v. Del Percio
  Supreme Court of Florida· 1985-08-30· cited 83×
• Bracero v. State
  District Court of Appeal of Florida· 2009-04-17· cited 40×
• Hannum v. State
  District Court of Appeal of Florida· 2009-06-05· cited 40×
• Brown v. State
  District Court of Appeal of Florida· 2010-02-05· cited 18×