SANDY GARY CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RYDER, Acting Chief Judge.
Sandy Gary Campbell challenges his burglary conviction, habitual felony offender sentence and the order placing him on probation following the completion of his prison sentence. We affirm appellant’s conviction and habitual offender sentence. We find merit, however, in one of his arguments concerning the order of probation and, therefore, reverse and remand for re-sentencing.
Judge Rosman presided over the trial and sentencing proceedings, but Judge Brousseau signed the judgment, sentence and probation order. Appellant contends and the state acknowledges that Florida Rule of Criminal Procedure 3.700 provides for sentencing by a judge other than the one who heard the trial “[i]n those cases in which it is necessary that sentence be pronounced by a judge other than the judge who presided at trial_” No such showing was made here. “Mere convenience does not justify a practice that departs from the well recognized assumption that sentencing is an individualized procedure.” Lawley v. State, 377 So. 2d 824, 825 (Fla. 1st DCA 1979). We therefore reverse and remand for resentencing.
Affirmed in part, reversed in part and remanded.
PARKER and BLUE, JJ., concur.
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Clemons v. State, 816 So. 2d 1180 (Fla. 2d DCA 2002)…t even in the absence of prejudice to the defendant, it is reversible error for a successor judge to sentence a defendant where the record does not show that the substitution of judges is “necessary” or dictated by an “emergency.” Campbell v. State, 622 So. 2d 603 (Fla. 2d DCA 1993); Madrigal v. State, 683 So. 2d 1093 (Fla. 4th DCA 1996); Lawley v. State, 377 So. 2d 824 (Fla. 1st DCA 1979). Mere convenience cannot justify sentencing by a successor judge. Campbell, 622 So. 2d at 603; Madrigal, 683 So. 2d at 10…
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Geraldo Roberts v. State, 694 So. 2d 825 (Fla. 2d DCA 1997)…upport the instruction. Hayes v. State, 564 So. 2d 161 (Fla. 2d DCA 1990). In this case, the trial court was required to give an instruction on attempted manslaughter and on the definitions of justifiable and excusable homicide. See Taylor v. State, 622 So. 2d 603 (Fla. 2d DCA 1993) (conviction for attempted second-degree murder with a firearm reversed because trial court failed to give complete instruction on manslaughter). The trial court’s failure to give the instructions is fundamental error and can be co…
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Snyder v. State, 870 So. 2d 140 (Fla. 2d DCA 2004)…ourt has held that it is error for a trial court to allow resentencing by a successor judge without a showing of necessity. Persaud v. State, 821 So. 2d 411 (Fla. 2d DCA 2002); Clemons v. State, 816 So. 2d 1180 (Fla. 2d DCA 2002); Campbell v. State, 622 So. 2d 603 (Fla. 2d DCA 1993). The State correctly concedes that there was no showing of necessity to allow a successor judge. The State argues, however, that Snyder waived any objection to the successor judge by not objecting at the resentencing hearing. Alt…
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- Lawley v. State, 377 So. 2d 824 (Fla. 1st DCA 1979)