Reginald L. Bryant, Petitioner v. State of Florida, Respondent — Canady, J., Dissenting

Summary

Justice Canady dissents, arguing that the majority’s reliance on Shull v. Dugger improperly limits the de novo nature of resentencing and imposes an unwarranted presumption of fictitiousness. He maintains that Florida statutes require written findings for upward departure sentences and that resentencing should be a fresh proceeding with full evidentiary rights.