Opinion
1D16-5113
07-20-2022
Carl Lewis Burns, Appellant, v. State of Florida, Appellee.
Jessica J. Yeary, Public Defender, and David A. Henson, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Appellee.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Washington County. Peter A. Mallory, Judge.
On Remand from the Florida Supreme Court
Jessica J. Yeary, Public Defender, and David A. Henson, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Trisha Meggs Pate, Bureau Chief, Tallahassee, for Appellee.
Per Curiam.
The Florida Supreme Court has remanded this case for our reconsideration in light of Davis v. State, 332 So.3d 970 (Fla. 2021). In Davis, the supreme court held that a sentencing court does not err in considering a criminal defendant's failure to take responsibility or express remorse. We reversed Appellant's sentences because of the sentencing judge's reliance on Appellant's lack of remorse, so Davis now requires us to affirm Appellant's sentences, and we do.
Affirmed.
ROBERTS, KELSEY, and M.K. THOMAS, JJ., concur.