JAMES LEONARD SUGAR, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
  …9 (Fla. 1st DCA 1998). However, a court may resentence a defendant in his or her absence in two circumstances. First, a defendant may waive the right to be present. See Brown [*529] v. State, 929 So. 2d 675, 677 (Fla. 5th DCA 2006); Smith v. State, 655 So. 2d 1271, 1272 (Fla. 1st DCA 1995). But to be effective, the waiver must be knowingly, intelligently, and voluntarily made. See Miller v. State, 833 So. 2d 318, 319 (Fla. 2d DCA 2003). Second, a defendant need not be present at resentencing if the error to b…
• Thenious Smith v. Moore, 782 So. 2d 955 (Fla. 1st DCA 2001)
  …rect appeal on the issues of his right to be present at sentencing (after waiving his presence at hearing) and on the effect of comments made at hearing concerning his absence from the [*956] hearing. His conviction was affirmed. See Smith v. State, 655 So. 2d 1271 (Fla. 1st DCA 1995). In 1997, Appellant filed a motion for relief pursuant to Fla. R.Crim. P. 8.850 which was denied. See Smith v. State, 725 So. 2d 1189 (Fla. 1st DCA 1998)(citing Dixon v. State, 678 So. 2d 530 (Fla. 1st DCA 1996) (Appellant’s moti…
• Stoutamire v. State, 734 So. 2d 468 (Fla. 1st DCA 1999)
  …to file a properly sworn rule 3.850 motion before the time expires to do so.” Id. Although the motion now before us was timely filed, it was not sworn to. Therefore, it did not qualify for consideration pursuant to rule 3.850. E.g., Sugar v. State, 655 So. 2d 1271 (Fla. 1st DCA 1995). It is questionable whether this court’s prior decision holding that appellant’s motion could not be considered pursuant to rule 3.800(a), because it did not allege facts which, if true, would be sufficient to establish an illeg…

Authorities Cited

• Scott v. State, 464 So. 2d 1171 (Fla. 1985)
• Gorham v. State, 494 So. 2d 211 (Fla. 1986)