ALTON ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's sentence was reversed because he was denied presence at resentencing following vacation of his original sentence under Villery, and the court certified the issue to the Florida Supreme Court as one of great public importance.
A defendant must be allowed to be present at resentencing when a sentence is vacated pursuant to Villery v. Florida Parole & Probation Commission.
[1] A defendant has a constitutional or procedural right to be present at resentencing when the original sentence has been vacated pursuant to Villery v. …
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Join FLexlaw to unlock all legal intelligenceAlexander's sentence was reversed on Villery grounds, and he was not permitted to be present at the subsequent resentencing hearing.…
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SHARP, Judge.
Alexander appeals the summary denial of his motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. He argues his sentence should be set aside because he was not allowed to be present at his resentencing following this court’s reversal of his first sentence on Villery
grounds. Alexander v. State, 399 So. 2d 424 (Fla. 5th DCA 1981). We agree. Our court is committed to the view that a defendant must be allowed to be present at a resentencing pursuant to Villery v. Florida Parole & Probation Commission, 396 So. 2d 1107 (Fla.1981). Keller v. State, 432 So. 2d 672 (Fla. 5th DCA 1983); McCrae v. State, 400 So. 2d 175 (Fla. 5th DCA 1981).
We join our sister court,2 however, in certifying this question to the Supreme Court as being one of great public importance:
WHEN A SENTENCE IS VACATED PURSUANT TO VILLERY v. FLORIDA PAROLE & PROBATION COMMISSION, 396 So. 2d 1107 (Fla.1981), MUST THE DEFENDANT BE PRESENT AT RESENTENCING?
Accordingly, we reverse and remand for further proceedings consistent herewith.
REVERSED AND REMANDED.
ORFINGER, C.J., and DAUKSCH, J., concur. . Villery v. Florida Parole & Probation Comm’n, 396 So. 2d 1107 (Fla.1981).
. Scott v. State, 439 So. 2d 222 (Fla. 4th DCA 1983).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Villery v. The Fla. Parole & Prob. Comm'n, 396 So. 2d 1107 (Fla. 1980)
- Alton T. Alexander v. State, 399 So. 2d 424 (Fla. 5th DCA 1981)
- Keller v. State, 432 So. 2d 672 (Fla. 5th DCA 1983)
- Wesley v. State, 400 So. 2d 175 (Fla. 5th DCA 1981)
- McCRAE v. State, 400 So. 2d 175 (Fla. 5th DCA 1981)
- Scott v. State, 439 So. 2d 222 (Fla. 4th DCA 1983)