KEITH L. SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Keith L. Smith was sentenced as a violent career criminal. The statute was held unconstitutional for the time period relevant to the defendant’s crime date. See Salters v. State, 758 So. 2d 667 (Fla.2000).
Defendant-appellant Smith filed a motion for postconviction relief which the trial court granted. The court resentenced the defendant as a habitual offender. Neither the defendant nor counsel was present for the resentencing.
On this appeal, the State concedes that the defendant was entitled to be present at the resentencing. Taylor v. State, 745 So. 2d 341 (Fla. 3d DCA 1999). Upon that concession, we reverse the order now under review and remand for a new sentencing hearing.
Reversed and remanded for resentencing.
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Smith v. State, 820 So. 2d 1052 (Fla. 3d DCA 2002)…irty-years on the Aggravated Battery and ten-years on the Attempted Robbery. Pursuant to defendant’s pro se appeal, this court reversed defendant’s sentence since neither defendant nor counsel were present at the re-sentencing. See Smith v. State, 791 So. 2d 1253 (Fla. 3d DCA 2001). On October 31, 2001, defendant appeared in court for re-sentencing. Over defendant’s objection, and without appointing counsel, the court re-sentenced defendant to thirty-years as an habitual offender on the Aggravated Battery' a…
Authorities Cited
- Salters v. State, 758 So. 2d 667 (Fla. 2000)
- Taylor v. State, 745 So. 2d 341 (Fla. 3d DCA 1999)