JARED S. FOX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant has the right to be present at the pronouncement of judgment and imposition of sentence, and absence from this critical stage requires reversal.
Appellant's probation was revoked, but the case was remanded for reconsideration of one violation. The trial court held a hearing without the appellan…
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PER CURIAM.
Appellant, Jared Fox, previously appealed an order revoking his probation. See Fox v. State, 876 So. 2d 717 (Fla. 4th DCA 2004). This court reversed the revocation, finding that two of the three grounds alleged failed for insufficient evidence. We remanded appellant’s case to the trial court to consider whether to revoke his probation for the remaining violation.
The trial court held.a hearing at which appellant was not present. It reconsidered its decision and affirmed its original sentence. Appellant filed a Motion to Correct Sentencing Error arguing that he had the right to be present at his sentencing hearing. The trial court denied the motion holding that it considered what was required of it and affirmed the sentence. We reverse.
A revocation of probation is a judgment. See Fla.R.Crim.P. 3.670. Appellant was then to be re-sentenced. Florida Rule of Criminal Procedure 3.180(a)(9) provides that a defendant shall be present “at the pronouncement of judgment and the imposition of sentence.” Because appellant was absent at this critical stage of the proceedings, we reverse and remand for a re-sentencing hearing at which appellant is present.
Reversed and Remanded.
STEVENSON, C.J., WARNER and HAZOURI, JJ., concur.
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Cited By
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FOX v. State, 60 So. 3d 1177 (Fla. 4th DCA 2011)…, and affirmed before the 2007 belated appeal. See Fox v. State, 949 So. 2d 212 (Fla. 4th DCA 2007); Fox v. State, 956 So. 2d 465 (Fla. 4th DCA 2007). The belated appeal granted in 2007 concerned appellant’s 2006 resentencing only. See Fox v. State, 921 So. 2d 701 (Fla. 4th DCA 2006) (reversing and remanding for resentencing because sentencing was a critical stage requiring defendant’s presence). Appellant thereafter filed two more postconviction motions again challenging the 2003 revocation of his probation.…
Authorities Cited
- FOX v. State, 876 So. 2d 717 (Fla. 4th DCA 2004)
- Jordan v. State, 876 So. 2d 717 (Fla. 5th DCA 2004)