JACOB VEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant argued in a motion filed under Florida Rule of Criminal Procedure 3.800(b) that he had received an unlawful sentence following his conviction for possession of a firearm by an adjudicated juvenile delinquent. The state conceded the sentence was illegal, and the trial court granted the 3.800 motion, then announced it would “do an amended sentencing.” Before pronouncing sentence, the trial court should have, but did not, set a resentenc-*509ing hearing at which the appellant could be present. A criminal defendant is entitled to be present at all “critical stage[s]” of the proceedings. State v. Scott, 439 So.2d 219, 221 (Fla.1983). We remand for the trial court to conduct a second resentenc-ing hearing at which appellant has an opportunity to be present with counsel.
BENTON, WETHERELL, and MARSTILLER, JJ., concur.
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Berry v. Bret M. Berry, 151 So. 3d 1293 (Fla. 1st DCA 2014)…d former wife’s petition for writ of prohibition upon finding that an ex parte conference held by the judge during the hearing on former wife’s motion to vacate constituted a legally sufficient basis for the judge’s disqualification. Berry v. Berry, 139 So. 3d 508 (Fla. 1st DCA 2014). The court remanded with instructions that a new judge be assigned to hear further proceedings in this matter. Id. Florida Rule of Judicial Administration 2.330(h) provides that “[pjrior factual- or legal rulings by a disqualifie…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)