Ryan v. State
Ryan appealed his misdemeanor convictions, arguing (among other things) that the trial court fundamentally erred by considering, at sentencing, its belief that Ryan had testified untruthfully at trial. The Third DCA held that under the Florida Supreme Court's recent decision in State v. Burns, it is not error for a sentencing judge to evaluate whether a defendant's in-court statements contained falsehoods and to weigh that finding along with other sentencing factors. The court affirmed the conviction and sentence, rejecting all four issues raised, including jury-size and peremptory-challenge claims that were controlled by existing precedent.
Key facts
- Ryan was convicted of misdemeanors in trial court and sentenced; the trial judge considered at sentencing that Ryan had testified untruthfully at trial.
- Ryan appealed, arguing the trial court committed fundamental error by considering his credibility and truthfulness during sentencing, along with challenging the jury size and peremptory challenge rulings.
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Why it matters
This opinion is useful to practitioners because it applies and extends the Florida Supreme Court's 2022 Burns decision—which overturned decades of precedent holding it fundamental error for a sentencing court to… — full analysis with a trial
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