Sibrun v. State
On remand from the Florida Supreme Court, the Fourth DCA reconsidered its prior reversal of Sibrun's sentence in light of Davis v. State, which held that Florida's sentencing scheme does not foreclose a court from considering a defendant's failure to accept responsibility at sentencing in a non-capital case. Applying Davis, the court abandoned its earlier precedent (Donaldson/James line of cases) prohibiting consideration of lack of remorse and affirmed Sibrun's convictions and sentences on all issues.
Key facts
- Sibrun was convicted and sentenced in the trial court, and appealed on sentencing grounds.
- The Fourth DCA initially reversed the sentence based on precedent prohibiting consideration of the defendant's lack of remorse and failure to accept responsibility.
- +2 more key facts with a free trial
Why it matters
This opinion confirms and applies the Florida Supreme Court's major shift in sentencing law from Davis v. State, which overruled a long line of Fourth, Third, and other DCA precedent prohibiting courts from considering… — full analysis with a trial
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