JERMAINE DUHART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JERMAINE DUHART, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
858 So. 2d 1222
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
SHEVIN, Judge.
We reverse the defendant’s sentence, imposed on remand from Duhart v. State, 847 So. 2d 497 (Fla. 3d DCA 2003). “Re-sentencing is a critical stage in which a defendant has the right to be present and has the right to have the assistance of counsel.” Waldo v. State, 781 So. 2d 1198, 1198 (Fla. 3d DCA 2001); State v. Scott, 439 So. 2d 219, 220 (Fla.l983)(defendant has right to be present at re-sentencing and to be represented by counsel). The trial court erred in re-sentencing defendant when defendant was not present or represented by counsel. On remand, the defendant, and his counsel, shall be present, and shall be permitted to present arguments as to the propriety of the sentence to be imposed.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 876 So. 2d 682 (Fla. 3d DCA 2004)…1052 (Fla. 3d DCA 2003). See also Braggs v. State, 642 So. 2d 129 (Fla. 3d DCA 1994); Fowler v. State, 641 So. 2d 941 (Fla. 5th DCA 1994).2 Appellant has the right to be present at re-sentencing and to be represented by counsel. See Duhart v. State, 858 So. 2d 1222 (Fla. 3d DCA 2003). We find no merit in Appellant’s other claims and find that he was correctly sentenced to non-guideline sentences on the kidnapping convictions, which we affirm. Affirmed in part, reversed in part, remanded for re-sentencing. .…
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Duhart v. State, 930 So. 2d 654 (Fla. 3d DCA 2006)…tence. This “corrected order” was entered nunc pro tunc to the date of the appellant’s original sentence. This sentence was later reversed and remanded because neither the appellant nor his counsel were present for the resentencing. Duhart v. State, 858 So. 2d 1222 (Fla. 3d DCA 2003). Thereafter, on April 1, 2004, the trial court held a resentencing hearing. The court sentenced the appellant, pursuant to the 1995 sentencing guidelines, to concurrent sentences of twenty-years on each of the four counts followe…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)
- Duhart v. State, 847 So. 2d 497 (Fla. 3d DCA 2003)
- Waldo v. State, 781 So. 2d 1198 (Fla. 3d DCA 2001)