JAMES WEBB, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant is entitled to a de novo sentencing hearing with the full array of due process rights when resentencing is required.
[1] A defendant is entitled to a de novo sentencing hearing when resentencing is mandated by law.
[2] At a de novo sentencing hearing, a defendant has the full array of due process rights, including the right to present mitigating evidence.
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Join FLexlaw to unlock all legal intelligenceJames Webb was sentenced under an unconstitutional statute and his case was remanded for resentencing. At the resentencing hearing, the trial court de…
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CASANUEVA, Judge.
James Webb appeals his sentence, contending that the trial court erred when it precluded him from offering mitigating evidence at his resentencing following a prior appeal. The State concedes error. We reverse and remand for resentencing.
On March 9, 1998, Mr. Webb was sentenced pursuant to a plea agreement to a term of imprisonment of thirty years under a statute later determined to be unconstitutional in State v. Thompson, 750 So. 2d 643 (Fla.1999). Accordingly, his case was remanded for resentencing under laws validly in effect on December 17, 1996, the date he committed his crime. At the new sentencing hearing, Mr. Webb sought to introduce evidence in an effort to mitigate his sentencing exposure, but the trial court denied his request.
In a comparable case where resentencing was mandated by Heggs v. State, 759 So. 2d 620 (Fla.2000), the trial court refused to permit the defendant to challenge the accuracy of the revised scoresheet. The Fifth District reversed. Once resentencing was determined appropriate, the defendant “was entitled to a de novo sentencing hearing with the full array of due process rights.” St. Laturence v. State, 785 So. 2d 728, 729-30 (Fla. 5th DCA 2001) (citing State v. Scott, 439 So. 2d 219 (Fla.1983)). Similarly, this court held in Baldwin v. State, 700 So. 2d 95 (Fla. 2d DCA 1997), that where a defendant contests, at a resentencing, the accuracy of prior convictions, the challenge is permissible because the defendant is entitled to a de novo sentencing proceeding.
We conclude that this rule is also applicable in this instance. Because resentencing was required under law, on remand Mr. Webb was entitled to a de novo hearing where he could present relevant sentencing evidence for the court’s consideration.
Other than this court’s prior limiting instruction to the trial court to impose a sentence consistent with the laws validly in effect on December 17, 1996, nothing in this opinion is intended to restrict the trial court’s sentencing discretion.
Reversed and remanded with instructions.
ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Trotter v. State, 825 So. 2d 362 (Fla. 2002)…red the scope of a Heggs remand have concluded, a Heggs resentencing entitles the defendant to a de novo sentencing hearing with the full array [*368] of due process rights. See Pelham v. State, 815 So. 2d 733, 734 (Fla. 2d DCA 2002); Webb v. State, 805 So. 2d 856, 857 (Fla. 2d DCA 2001); Duvalt v. State, 805 So. 2d 834, 834 (Fla. 2d DCA 2001); Williams v. State, 801 So. 2d 301, 302 (Fla. 2d DCA 2001); Diaz v. State, 790 So. 2d 523, 523 (Fla. 4th DCA 2001); Smith v. State, 800 So. 2d 752, 753 (Fla. 5th DCA 20…
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Krishna Persaud v. State, 821 So. 2d 411 (Fla. 2d DCA 2002)…ting relevant evidence during the resentencing hearing. A Heggs resentencing is a de novo proceeding, and the defendant is entitled to introduce relevant evidence and challenge the accuracy of the scoresheet and prior convictions. See Webb v. State, 805 So. 2d 856 (Fla. 2d DCA 2001). Accordingly, we reverse in part the summary denial of Persaud’s rule 3.850 motion and vacate Persaud’s sentence. On remand, we direct that Persaud be resen-tenced by the original sentencing judge unless it is shown that it is ne…
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Ricarlo A. Betty v. State, 233 So. 3d 1149 (Fla. 4th DCA 2017)…trial court’s discretion. We agree with Appellant that, once the trial court determines that de novo resentencing is appropriate, the defendant is “entitled to a de novo sentencing hearing with the full array of due process rights.” Webb v. State, 805 So. 2d 856, 857 (Fla. 2d DCA 2001) (quoting St. Lawrence v. State, 785 So. 2d 728, 729-30 (Fla. 5th DCA 2001)). It is further well established that “a defendant is entitled to be present and represented by counsel at [a] resentencing proceeding ... unless re-s…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)
- State v. Scott, 439 So. 2d 219 (Fla. 1983)
- ST. Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001)
- Baldwin v. State, 700 So. 2d 95 (Fla. 2d DCA 1997)