LARRY CHRISTIAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LARRY CHRISTIAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
5 So. 3d 787
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 3 cases
Opinion of the Court
The defendant appeals the sentence imposed by the court following an order granting a motion to correct a previous illegal sentence. Because the error in the previous sentence was not merely a ministerial or clerical error, the defendant was entitled to be present and represented by counsel at the resentencing hearing. See State v. Scott, 439 So.2d 219 (Fla.1983); McGough v. State, 876 So.2d 26 (Fla. 1st DCA 2004). The sentence imposed by the court is vacated and the case is remanded to the trial court for resentencing.
DAVIS, BENTON, and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leronnie Lee Walton v. State, 106 So. 3d 522 (Fla. 1st DCA 2013)…r v. State, 833 So. 2d 318, 319 (Fla. 2d DCA 2003). Second, a defendant need not be present at resentencing if the error to be corrected is “purely ministerial” or clerical, and involves no exercise of the court’s discretion. See Christian v. State, 5 So. 3d 787, 787 (Fla. 1st DCA 2009); Rivers v. State, 980 So. 2d 599, 600 (Fla. 2d DCA 2008). Ministerial or clerical corrections include, e.g., striking an improper violent career criminal designation, see Mullins v. State, 997 So. 2d 443, 445 (Fla. 3d DCA 20…
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A.B. v. State, 67 So. 3d 1183 (Fla. 5th DCA 2011)…placing her on probation until age twenty-one because she was not committed to a residential treatment facility. We disagree and affirm. In construing a statute, “statutory language should be given its plain and ordinary meaning.” E.D.B. v. State, 5 So. 3d 787, 789 (Fla. 5th DCA 2009). Section 985.0301(5)(h) extends jurisdiction over juvenile sex offenders placed in either a “program or facility.” (Emphasis added). The statute is unambiguous; if either condition is satisfied, extended jurisdiction is prop…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)
- McGOUGH v. State, 876 So. 2d 26 (Fla. 1st DCA 2004)