criminal sentencing hearing in Florida

2020See Reese v. State, 639 So. 2d 1067, 1068 (Fla. 4th DCA 1994) (“[U]nsubstantiated allegations of misconduct may not be considered by a trial judge at a criminal sentencing hearing and to do so violates fundamental due process.”).

2018Our court has held “that unsubstantiated allegations of misconduct may not be considered by a trial judge at a criminal sentencing hearing and to do so violates fundamental due process.” Reese v. State, 639 So. 2d 1067, 1068 (Fla. 4th DCA 1994) (emphasis added).

2018In Hillary v. State, 232 So. 3d 3 , 4 (Fla. 4th DCA 2017) (quoting Fernandez v. State, 212 So. 3d 494, 496 (Fla. 2d DCA 2017)), we also held, “‘[A] trial court’s consideration of a constitutionally impermissible sentencing factor is a fundamental error in the sentencing process’ which is reviewable for the first time on direct appeal.” Recently, in Norvil v. State, 191 So. 3d 406 (Fla. 2016), our supreme court held that a court may not consider matters outside the provisions of 2 The dissent contends that the appeal is untimely filed.

2015See Moorer v. State, 926 So.2d 475, 477 (Fla. 1st DCA 2006). “[U]nsubstantiated allegations of misconduct or speculation that the defendant 'probably committed other crimes may not be relied upon by a trial court in imposing • sentence.” Nusspiekel, 966 So.2d at 445 ; see also Hernandez v. State, 145 So.3d 902, 905 (Fla. 2d DCA 2014) (reversing sentence where detective testified at sentencing hearing that defendant was “going to be charged” with multiple counts of burglary and dealing in stolen property); Reese v. State, 639 So.2d 1067, 1068 (Fla. 4th DCA 1994) (“We hold that unsubstantiated a

2015See Moorer v. State, 926 So.2d 475, 477 (Fla. 1st DCA 2006). “[U]nsubstantiated allegations of misconduct or speculation that the defendant 'probably committed other crimes may not be relied upon by a trial court in imposing • sentence.” Nusspiekel, 966 So.2d at 445 ; see also Hernandez v. State, 145 So.3d 902, 905 (Fla. 2d DCA 2014) (reversing sentence where detective testified at sentencing hearing that defendant was “going to be charged” with multiple counts of burglary and dealing in stolen property); Reese v. State, 639 So.2d 1067, 1068 (Fla. 4th DCA 1994) (“We hold that unsubstantiated a

2015See Moorer v. State, 926 So.2d 475, 477 (Fla. 1st DCA 2006). “[U]nsubstantiated allegations of misconduct or speculation that the defendant 'probably committed other crimes may not be relied upon by a trial court in imposing • sentence.” Nusspiekel, 966 So.2d at 445 ; see also Hernandez v. State, 145 So.3d 902, 905 (Fla. 2d DCA 2014) (reversing sentence where detective testified at sentencing hearing that defendant was “going to be charged” with multiple counts of burglary and dealing in stolen property); Reese v. State, 639 So.2d 1067, 1068 (Fla. 4th DCA 1994) (“We hold that unsubstantiated a

2014We noted our previous holding in Jansson v. State, 399 So.2d 1061, 1064 (Fla. 4th DCA 1981), “that a trial court can consider a defendant’s prior arrests not leading to convictions for purposes of sentencing so long as the court recognizes that these arrests are not convictions or findings of guilt, and the defendant is given an opportunity to explain or offer evidence on the issue of his prior arrests.” However, we rejected the sentencing court’s use of “unsupported speculations” that went “far beyond what was approved in Jansson.” Reese, 639 So.2d at 1068 .

2007P. 3.713 (pertaining to disclosure of contents of presentence investigation reports to the parties); see also Doty v. State, 884 So.2d 547, 550 (Fla. 4th DCA 2004) (where court wrote that the "victim's testimony regarding appellant's violation of another domestic violence injunction obtained by a different woman was the type of allegation that the court should not have permitted in evidence [at a sentencing hearing]."); Reese v. State, 639 So.2d 1067 (Fla. 4th DCA 1994) (holding that "unsubstantiated allegations of misconduct may not be considered by a trial judge at a criminal sentencing hear