TIMOTHY EDWARD KOKX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant has raised two issues on appeal pertaining to the sentence imposed on remand pursuant to Kokx v. State, 498 So. 2d 534 (Fla. 1st DCA 1986). Appellee agrees that the second issue raised, that the trial court erred in resentencing appellant without allowing him to be present, requires reversal for resentencing. Without addressing the substance of appellant’s remaining issue, appellee suggests that the court may impose the same sentence on remand.
Because the admitted error is so substantial as to require reversal of the sentence, we do not reach the merits of appellant’s argument pertaining to the alleged improper reasons for departing from the recommended sentence. Nor do we consider appellee’s suggestion that the same sentence may be imposed on remand.
Accordingly, appellant’s sentence is vacated, and this cause is remanded for re-sentencing.
WENTWORTH, NIMMONS and BARFIELD, JJ., concur.
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Johnson v. State, 547 So. 2d 1048 (Fla. 5th DCA 1989)…relationship between the crimes for which Johnson had been convicted and the challenged condition. Thus, the condition was proper as an attempt to deter future criminal conduct. Tucker v. State, 529 So. 2d 818 (Fla. 1st DCA 1988) and Cole v. State, 521 So. 2d 297 (Fla. 1st DCA 1988). Accordingly, the judgment is reversed and remanded to the trial court with instructions to comply with the plea agreement regarding the adjudication of guilt or, in the alternative, to allow the defendant to withdraw his plea.…
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Biller v. State, 604 So. 2d 16 (Fla. 4th DCA 1992)…nt contends that the condition is not reasonably related to these circumstances. In Stonebraker v. State, 594 So. 2d 351 (Fla. 2d DCA 1992), the court struck a similar condition as being unrelated to the crime of grand theft. See also Cole v. State, 521 So. 2d 297 (Fla. 1st DCA 1988). However, notwithstanding that nothing in the record before us specifically relates the appellant’s crime or conduct to alcohol, we find no abuse of discretion in the court imposing restrictions concerning the use or possession…
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Authorities Cited
- Kokx v. State, 498 So. 2d 534 (Fla. 1st DCA 1986)