Barbara Lynne McDowell vs State of Florida
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BARBARA LYNNE MCDOWELL, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D16-3227 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed March 7, 2017. An appeal from the Circuit Court for Nassau County. Robert M. Foster, Judge. William Mallory Kent, Jacksonville, for Appellant. Pamela Jo Bondi, Attorney General and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant challenges her fifteen-year prison sentence for DUI manslaughter. She argues that the trial court committed fundamental error in suggesting that her sentence may have been different had she cooperated and admitted guilt at an earlier stage of the case. The State appropriately concedes that Appellant is entitled to relief. Accordingly, we VACATE the sentence and REMAND with instructions for Appellant to be resentenced before a different judge. See Dumas v. State, 134 So. 3d 1048, 1048 (Fla. 1st DCA 2013); Ritter v. State, 885 So. 2d 413, 414-15 (Fla. 1st DCA 2004). MAKAR and WINSOR, JJ., and BROWN, JOHN T., ASSOCIATE JUDGE, CONCUR. 2
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