Victim statements can affect sentencing in a Miami aggravated assault case. In a recent appellate decision, the defendant pled no contest to aggravated assault and then appealed from the sentence. The defendant argued that the lower court had made a mistake in accepting the victim’s unsworn statement at sentencing, thereby violating section 921.143(1) of Florida Statutes.
The appellate court affirmed, explaining that the defendant hadn’t preserved his argument for review and there had been no fundamental error.
At the sentencing hearing, the victim wasn’t emotionally able to verbally speak to the court. Accordingly, the prosecutor offered an unsworn statement and other documents. The defense attorney responded by saying he wanted to cross-examine but didn’t object to most of the documents. The court asked the defense attorney whether it should review the prosecutor’s documents, including the unsworn statement, and the defense attorney told the judge to go ahead and review.