5D07-698 Dana Lincoln v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-698

Case Date: 03/31/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2008

DANA LINCOLN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 4, 2008 Appeal from the Circuit Court for Marion County, Brian D. Lambert, Judge. James S. Purdy, Public Defender, and Meghan Ann Collins, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-698

PLEUS, J. This appeal involves the propriety of the trial court's enunciation of the defendant's lack of remorse as a factor in imposing sentence on two counts of sexual battery upon a child (familial authority). 1 The defendant, relying on several cases

including Holton v. State , 573 So. 2d 284 (Fla. 1990), Lyons v. State , 730 So. 2d 833

1

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