LLOYD M. JONES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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On Petition For Belated Appeal
SCHWARTZ, Chief Judge.
As a result of Jones v. State, 759 So. 2d 681 (Fla.2000), Jones was resentenced in the circuit court on October 11, 2000. It is admitted that Jones was not present at the resentencing and he now seeks a belated appeal on the ground that he did not receive notice of the sentence within the time permitted to file a timely one. Given the state’s concession that it was error for the sentencing to proceed without the defendant, see Levine v. State, 776 So. 2d 992 (Fla. 4th DCA 2001); Smith v. State, 754 So. 2d 114 (Fla. 3d DCA 2000), we deem it appropriate hereby both to grant the petition for belated appeal and to determine the case on the merits by vacating the sentence under review. Levine; Smith; see Mizell v. State, 716 So. 2d 829, 830 (Fla. 3d DCA 1998). The cause is remanded for resentencing at which Jones and counsel shall be present.
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Terry L. Braun, P.A. v. Campbell, 827 So. 2d 261 (Fla. 5th DCA 2002)…hich alleged deceptive and unfair trade practices, and Count V, which alleged breach of an express contract. We reverse the certification and affirm the cross-appeal. This is the second time this matter has come to this court. In Braun v. Campbell, 781 So. 2d 480 (Fla. 5th DCA 2001), we remanded this cause to the trial court for the purpose of making factual and legal findings required by Florida Rule of Civil Procedure 1.220(d)(1). The facts posed by this case are set forth in that opinion and we do not rep…
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Bawtinhimer v. D.R. Horton, Inc., 161 So. 3d 539 (Fla. 5th DCA 2014)…ases required individualized findings in orders denying class certification.” Id. (emphasis added). That is a distinction without a difference. In support, the majority cites several cases, including our decision in Terry L. Braun, P.A. v. Campbell, 781 So. 2d 480, 482 (Fla. 5th DCA 2001) (Braun I). In that case, the trial court had granted in part and denied in part the motion to certify a class of patients, alleging that a clinic owner wrongfully hired an unlicensed dental practitioner. Braun I, 781 So. 2d…1 / 2
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Williams v. State, 786 So. 2d 1273 (Fla. 4th DCA 2001)…that, with the exception of sentence corrections, it is fundamental error for a trial court to re-sentence a defendant in his absence and without counsel present. See Dougherty v. State, 785 So. 2d 1221 (Fla. 4th DCA, 2001); see also Jones v. State, 781 So. 2d 480 (Fla. 3d DCA 2001) (where the defendant was not present during re-sentencing hearing, court held it would hear the defendant’s belated appeal and decide the case on the merits). Accordingly, we reverse and remand. REVERSED AND REMANDED FOR RE SENTE…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mizell v. State, 716 So. 2d 829 (Fla. 3d DCA 1998)
- Jones v. State, 759 So. 2d 681 (Fla. 2000)
- Smith v. State, 754 So. 2d 114 (Fla. 3d DCA 2000)
- Darrel Turnage v. State, 776 So. 2d 992 (Fla. 4th DCA 2001)