IRVIN PHILPOT, PETITIONER,
v.
ANHEUSER-BUSCH, INC., A FOREIGN CORPORATION, CHARLES CINDRIC, INDIVIDUALLY, BURKHARDT DISTRIBUTING OF GAINESVILLE, INC., A FLORIDA CORPORATION, BERNIE LITTLE DISTRIBUTING, INC., A FLORIDA CORPORATION, MARIS DISTRIBUTING COMPANY, A FLORIDA CORPORATION, RUDOLPH MARIS, BARTRAM MARIS, AND BURTRAM MARIS, RESPONDENTS
IRVIN PHILPOT, PETITIONER,
ANHEUSER-BUSCH, INC., A FOREIGN CORPORATION, CHARLES CINDRIC, INDIVIDUALLY, BURKHARDT DISTRIBUTING OF GAINESVILLE, INC., A FLORIDA CORPORATION, BERNIE LITTLE DISTRIBUTING, INC., A FLORIDA CORPORATION, MARIS DISTRIBUTING COMPANY, A FLORIDA CORPORATION, RUDOLPH MARIS, BARTRAM MARIS, AND BURTRAM MARIS, RESPONDENTS
751 So. 2d 174
Florida District Court of Appeal, First District (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Petitioner having failed to demonstrate that the trial court’s action constituted a material departure from the essential requirements of law, the petition for a writ of certiorari is denied.
ALLEN, WEBSTER and BROWNING, JJ., CONCUR.
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Henry v. State, 930 So. 2d 716 (Fla. 1st DCA 2006)…it on Appellant’s 15-year sentence. We note that when a trial court strikes a portion of a sentence or otherwise makes some (even non-clerical) correction that benefits the defendant, the defendant’s presence is not required. See Donaldson v. State, 751 So. 2d 174 (Fla. 1st DCA 2000) (amending sentence to allow credit for jail time). Consequently, the trial court can make the corrections to Appellant’s sentence without his presence. AFFIRMED in part, REVERSED in part, and REMANDED. ERVIN and PADOVANO, JJ.,…
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Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001)…y proceed in the defendant’s absence. Similarly, when a trial court strikes a portion of a sentence or otherwise makes some (even non-clerical) correction that benefits the defendant, the defendant’s presence is not required. See Donaldson v. State, 751 So. 2d 174, 174 (Fla. 1st DCA 2000)(emending sentence to allow credit for jail time); State v. Arduengo, 609 So. 2d 651, 653 (Fla. 2d DCA 1992)(permitting “[Revision [downward] or deletion of the ancillary provision retaining jurisdiction to deny parole”). Th…