DONALD L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The trial court erred in failing to give appellant, Donald Johnson, the opportunity to present evidence or submissions relevant to sentencing before imposing sentence, pursuant to Florida Rule of Criminal Procedure 3.720(b). Whitlow v. State, 732 So. 2d 441 (Fla. 1st DCA 1999); Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999); Beecham v. State, 652 So. 2d 1275 (Fla. 3d DCA 1995). The state concedes error. We reject Johnson’s contention that he must be resentenced before a different judge. There has been no allegation or showing of bias by the trial judge.
REVERSED and REMANDED for further proceedings.
ERVIN, BENTON and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)…(Fla. 2d DCA 2004); Williams v. State, 876 So. 2d 27 (Fla. 1st DCA 2004); McGough v. State, 876 So. 2d 26 (Fla. 1st DCA 2004); Turner v. State, 875 So. 2d 731 (Fla. 2d DCA 2004); Demps v. State, 874 So. 2d 737 (Fla. 4th DCA 2004); Johnson v. State, 873 So. 2d 558 (Fla. 1st DCA 2004); Carmona v. State, 873 So. 2d 348 (Fla. 5th DCA), review denied, 888 So. 2d 17 (Fla.2004); Botarf v. State, 867 So. 2d 1280 (Fla. 5th DCA 2004); Henderson v. State, 867 So. 2d 641 (Fla. 4th DCA 2004); Bakarania v. State, 867 So.…
-
Austin v. Austin, 12 So. 3d 314 (Fla. 2d DCA 2009)…d that “[i]t is reversible error for a trial court to simply indicate that marital liabilities are to be equally divided without identifying each specific liability and without identifying which spouse is responsible for each.” Italiano v. Italiano, 873 So. 2d 558, 561 (Fla. 2d DCA 2004). With respect to marital assets, the Husband challenges the valuation of his IRA, the parties’ largest asset. The Husband correctly contends that the trial court erred in failing to consider the tax consequences when he pres…
-
Stanislaw Matajek v. Leokadia Skowronska, 927 So. 2d 981 (Fla. 5th DCA 2006)…ring the marriage and her age, health, and earning ability. O’Connor, 782 So. 2d at 503. The court must do so even where, as here, the Former Husband agrees that permanent alimony is appropriate. O’Connor, 782 So. 2d at 503-04; Italiano v. Italiano, 873 So. 2d 558, 560 (Fla.2d DCA 2004). The court erred by simply designating the amount of alimony without finding the amount of the Former Wife’s need. O’Connor, 782 So. 2d at 504. The court fundamentally errs when it does not make findings regarding the parties…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abusaid v. Polefrone, 741 So. 2d 1187 (Fla. 2d DCA 1999)
- Ventura v. State, 741 So. 2d 1187 (Fla. 3d DCA 1999)
- Beecham v. State, 652 So. 2d 1275 (Fla. 3d DCA 1995)
- Restrepo v. State, 732 So. 2d 441 (Fla. 3d DCA 1999)
- Whitlow v. State, 732 So. 2d 441 (Fla. 1st DCA 1999)