JERRY WHITLOW, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JERRY WHITLOW, APPELLANT,
STATE OF FLORIDA, APPELLEE
732 So. 2d 441
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The trial court erred in denying the parties an opportunity to present evidence or submissions relevant to sentencing before imposing Whitlow’s sentence, as required by rule 3.720(b), Florida Rules of Criminal Procedure. Accordingly, we REVERSE and REMAND for re-sentencing.
ERVIN, BOOTH and BENTON, JJ., CONCUR.
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Citator
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Johnson v. State, 873 So. 2d 558 (Fla. 1st DCA 2004)…IAM. The trial court erred in failing to give appellant, Donald Johnson, the opportunity to present evidence or submissions relevant to sentencing before imposing sentence, pursuant to Florida Rule of Criminal Procedure 3.720(b). Whitlow v. State, 732 So. 2d 441 (Fla. 1st DCA 1999); Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999); Beecham v. State, 652 So. 2d 1275 (Fla. 3d DCA 1995). The state concedes error. We reject Johnson’s contention that he must be resentenced before a different judge. There has…