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Donaldson v. State, No. 4D07-3230 (Fla. App. 9/2/2009) (Fla. App., 2009)

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GABORUGH F. DONALDSON, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D07-3230. District Court of Appeal of Florida, Fourth District. September 2, 2009. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Jack B. Tuter, Judge, L.T. Case No. 06-5654 CF10B. Jason T. Forman of Law Offices of Jason T. Forman, P.A., Fort Lauderdale, for appellant. Bill McCollum, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee. DAMOORGIAN, J. Gaborugh F. Donaldson appeals his convictions and sentences for attempted burglary of a dwelling, possession of burglary tools, grand theft, battery on a law enforcement officer, and resisting arrest without violence. We affirm Donaldson’s convictions on all five counts, but vacate his sentences and remand for resentencing before a different judge because the trial court improperly considered his protestations of innocence and lack of remorse in sentencing him...continue to full post

Full post as published by Florida Criminal Law Opinions on September 02, 2009 (boomark / email).