DWAIN JOHN BRICE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DWAIN JOHN BRICE, APPELLANT,
STATE OF FLORIDA, APPELLEE
770 So. 2d 740
Florida District Court of Appeal, Fourth District (2000)
Positive Treatment
Cited by 3 cases
Opinion of the Court
POLEN, J.
Appellant appeals from an order amending his sentence entered after he successfully moved for post-conviction relief under Rule of Criminal Procedure 3.850. The state concedes that the trial court erred by re-sentencing him in absentia. See State v. Scott, 439 So. 2d 219 (Fla.1983). We, therefore, reverse and remand for re-sentencing.
REVERSED.
FARMER and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yoany Barcelo v. State, 774 So. 2d 895 (Fla. 4th DCA 2001)…r the sentence to be imposed is the immediate result of adjudication of guilt or the result of a successful 3.850 challenge. State v. Scott, 439 So. 2d 219, 221 (Fla.1983); see also Jackson v. State, 767 So. 2d 1156, 1160 (Fla.2000); Brice v. State, 770 So. 2d 740 (Fla. 4th DCA 2000). We note that an indigent defendant also is entitled to appointment of counsel at sentencing. See Scott, 439 So. 2d at 221; Taylor v. State, 745 So. 2d 341, 342 (Fla. 3d DCA 1999)(citing Griffin v.. State, 517 So. 2d 669, 670 (Fl…
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Feltner v. Columbia Pictures Television, Inc., 789 So. 2d 453 (Fla. 4th DCA 2001)…ue process protections afforded to criminal defendants. Parisi v. Broward County, 769 So. 2d 359, 364 (Fla.2000)(citing Int’l. Union, United Mine Workers v. Bagwell, 512 U.S. 821, 826, 114 S.Ct. 2552, 129 L.Ed.2d 642 (1994)). In Rodriguez v. State, 770 So. 2d 740 (Fla. 4th DCA 2000), we reversed a defendant’s burglary and theft conviction because the trial court denied the pro se defendant’s request to present a closing argument in his non-jury trial. We held that the Sixth and Fourteenth Amendments guarante…
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Leslie v. State, 920 So. 2d 710 (Fla. 4th DCA 2006)…r the sentence to be imposed is the immediate result of adjudication of guilt or the result of a successful 3.850 challenge. State v. Scott, 439 So. 2d 219, 221 (Fla.1983); see also Jackson v. State, 767 So. 2d 1156, 1160 (Fla.2000); Brice v. State, 770 So. 2d 740 (Fla. 4th DCA 2000). Id. at 896. In accordance with Barcelo, we reverse and remand for a new sentencing hearing. We affirm as to all other issues. STONE, WARNER and MAY, JJ., concur.…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)