State v. Burns
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The Supreme Court held that a sentencing court may rely on a defendant's lack of remorse after the defendant has given a post-Miranda, sworn confession to the crime and has obviously lied under oath at trial about his guilt.
Defendant gave a sworn confession to the crimes of which he was convicted but retracted the confession during his trial testimony. The district court felt "constrained" to reverse Defendant's sentence on the grounds that the trial court improperly relied on Defendant's subsequent claim of innocence in imposing the sentence. The Supreme Court quashed the decision of the First District Court of Appeal, which vacated Defendant's aggregate 300-year sentence and remanded for resentencing, holding that the court was under no obligation to ignore the "freely offered statements" that Defendant made during trial rather than at allocution.
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