Wyrich v. State
The Second DCA reversed a fifteen-year sentence for leaving the scene of a crash involving death after the trial court, during sentencing, considered and commented on uncharged conduct (an unrelated shooting incident and gun disposal) presented by the State, even though defense counsel did not object. The court held this constituted fundamental error because the State failed to carry its burden of showing the sentence was not based on that improper factor, and remanded for resentencing before a different judge.
Key facts
- Defendant was convicted of leaving the scene of a crash involving death.
- During sentencing, the trial court considered and commented on uncharged conduct (an unrelated shooting incident and gun disposal) that the State presented, even though defense counsel did not object.
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Why it matters
This opinion reinforces and sharpens Second DCA precedent (Love, Fernandez, Norvil, Challis) on the fundamental-error doctrine for sentencing courts' consideration of uncharged conduct, clarifying that a judge's active… — full analysis with a trial
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