NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
ROSE SZYMANSKI, )
)
Appellant, )
)
v. ) Case No. 2D17-210
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed March 7, 2018.
Appeal from the Circuit Court for Polk
County; Wayne Durden, Judge.
Howard L. Dimmig, II, Public Defender,
and Caroline Joan Picart, Special Assistant
Public Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Susan D. Dunlevy,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
Rose Szymanski appeals her judgment and sentences for battery on a law
enforcement officer, possession of cannabis, and possession of drug paraphernalia.
We affirm in all respects but one. Ms. Szymanski argues—and the State correctly
concedes—that the trial court erred by explicitly relying upon her lack of remorse in
imposing her sentences. Our precedents require that we reverse Ms. Szymanski's
sentences and remand the case to the trial court with instructions for Ms. Szymanski to
be resentenced before a different judge. See Williams v. State, 164 So. 3d 739, 740-41
(Fla. 2d DCA 2015); Brown v. State, 27 So. 3d 181, 183 (Fla. 2d DCA 2010).
Affirmed in part, reversed in part, and remanded with instructions.
CASANUEVA, CRENSHAW, and SALARIO, JJ., Concur.
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