TERRANCE AIKENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
TERRANCE AIKENS, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
855 So. 2d 725
Florida District Court of Appeal, Third District (2003)
Opinion of the Court
WELLS, Judge.
Terrance Aikens appeals from the sentence imposed in this case, as corrected, on October 17, 2002, claiming that he had the right to be, but was not, present at the sentencing hearing. The State properly concedes the issue. See, e.g., Smith v. State, 754 So. 2d 114 (Fla. 3d DCA 2000).
The sentence imposed in this matter is, therefore, vacated, and this matter is remanded for the purpose of imposing a guidelines sentence following a sentencing hearing at which both Aikens and his counsel are in attendance. See Aikens v. State, 822 So. 2d 562 (Fla. 3d DCA 2002) (reversing Aikens’ departure sentence and remanding for imposition of a guidelines sentence).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Smith v. State, 754 So. 2d 114 (Fla. 3d DCA 2000)
- Aikens v. State, 822 So. 2d 562 (Fla. 3d DCA 2002)