KEITH D. THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Sentencing In Absentia cases and more on FLexlaw
PER CURIAM.
We affirm the trial court’s denial of appellant’s motion to withdraw his plea. We remand for resentencing. The state concedes, and we agree, that it was error for the trial court to sentence appellant in absentia. See Barcelo v. State, 774 So. 2d 895 (Fla. 4th DCA 2001)(holding that the appellant is entitled to be present at sentencing whether the sentencing is the immediate result of an adjudication or the result of a successful 3.850 challenge).1
AFFIRMED; REMANDED FOR RE-SENTENCING.
KLEIN, SHAHOOD and HAZOURI, JJ., concur. . We note the companion case of 01-1496. Appellant was re-sentenced during the pendency of this appeal, and appealed the resultant sentence. The trial court was divested of jurisdiction by virtue of the filing of the notice of appeal; therefore, the sentence will be reversed. A separate opinion will be issued in that case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thompson v. State, 802 So. 2d 503 (Fla. 4th DCA 2001)…tenc-ing Thompson, the trial court was divested of jurisdiction due to a pending related direct appeal.2 See Knapp v. State, 741 So. 2d 1150 (Fla. 2d DCA 1999); Landers v. State, 691 So. 2d 550 (Fla. 4th DCA 1997). As we state in Thompson v. State, 802 So. 2d 503 (Fla. 4th DCA 2001), appellant must be present at resentencing. We, therefore, vacate the sentence and remand for resentencing. KLEIN, SHAHOOD and HAZOURI, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). .…
Authorities Cited
- Yoany Barcelo v. State, 774 So. 2d 895 (Fla. 4th DCA 2001)