THOMAS RUDDER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)
  …43, 445 (Fla. 3d DCA 2008); entering a written sentence where none existed before, see Williams v. State, 697 So. 2d 584, 584 (Fla. 4th DCA 1997); or changing the written sentence to conform to the oral pronouncement of sentence, see Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000). Neither circumstance is present in this ease. Defense counsel’s consent did not serve, under the facts here, to waive Appellant’s right to be present at resen-tencing. Cf. Allen v. State, 799 So. 2d 284, 285-86 (Fla. 5th D…
• Dougherty v. State, 785 So. 2d 1221 (Fla. 4th DCA 2001)
  …titled to be present. See Fla. R.Crim. P. 3.180(a)(9); Capuzzo v. State, 596 So. 2d 438, 439 (Fla.1992). An exception is made in resentencing cases where all that is required on remand is a ministerial act of sentence correction. See Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997). However, “[a] criminal defendant has a right to be present at sentencing, whether the sentence to be imposed is the immediate result of adjudication of guilt or the res…
• Orta v. State, 919 So. 2d 602 (Fla. 3d DCA 2006)
  …esent at a critical stage of any proceeding is fundamental error. Dougherty, 785 So. 2d at 1223. Florida has, however, recognized an exception in resentencing cases where only the “ministerial act” of sentence correction is required. Frost v. State, 769 So. 2d 443, 444 (Fla. 1st DCA 2000); Williams v. State, 697 So. 2d 584 (Fla. 4th DCA 1997)(correcting a discrepancy between the oral pronouncement and the written sentence). After reviewing the Record, we conclude that resentencing in the instant case does no…

Authorities Cited

• Leonard v. State, 760 So. 2d 114 (Fla. 2000)