Norvil v. State
Annotate this CaseDefendant entered an open plea to the charge of armed burglary of a dwelling. Before sentencing, the State filed a sentencing memorandum recommending that the court consider a new charge pending against Defendant for burglary of a vehicle. The trial court considered the subsequent charges pending against Defendant at sentencing, declined to sentence him as a youthful offender, and instead sentenced him to twelve years in prison. The Fourth District Court of Appeal affirmed Defendant’s sentence, concluding that the trial court did not violate Defendant’s due process rights during sentencing for the primary offense by considering his subsequent arrest without conviction. The Supreme Court quashed the Fourth District’s decision, holding that a trial court may not consider a subsequent arrest without conviction during sentencing for the primary offense.
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