TERYLEISHA WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2015-01-07
No. 4D13-642
TAYLOR and CONNER, JJ., concur.
154 So. 3d 1189 Florida District Court of Appeal, Fourth District (2015)

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Holding

The trial court did not violate the appellant's due process rights by sentencing her to a 25-year minimum mandatory without orally pronouncing it at the sentencing hearing.


Facts & Procedural History

The appellant was sentenced for attempted first-degree murder with a firearm. The trial court imposed a 25-year minimum mandatory sentence, which was …

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Opinion of the Court
DAMOORGIAN, C.J.

DAMOORGIAN, C.J.

Teryleisha Wright appeals her judgment and sentence for one count of attempted first degree murder with a firearm raising two issues for our consideration. We affirm appellant’s judgment and sentence but write to address appellant’s argument that the trial court violated her due process right by sentencing her to a 25-year minimum mandatory on paper without orally pronouncing that it was doing so at her sentencing hearing.1

“ ‘One of the most basic tenets of Florida law is the requirement that all proceedings affecting life, liberty, or property must be'conducted according to due process,’ which includes a ‘reasonable opportunity to be heard.’ ” Jackson v. State, 767 So.2d 1156, 1159 (Fla.2000) (quoting Scull v. State, 569 So.2d 1251, 1252 (Fla. 1990)). Therefore, “[cjriminal defendants have a due process fight to be physically present in all critical stages of trial.” Muhammad v. State, 782 So.2d 343, 351 (Fla. 2001). This “right to be present extends to the hearing where her sentence will be reconsidered” because sentencing is “a critical stage of every criminal proceeding.” Jackson, 767 So.2d at 1160. Accordingly, if a defendant’s sentence is subsequently increased due to a court’s failure to take into account a minimum mandatory at the original sentencing hearing, the defendant must be present when the sentence is modified.' Dunbar v. State, 89 So.3d 901, 907 (Fla.2012).

Here, the transcript of Appellant’s sentencing hearing reflects that the court expressed Appellant was subject to a 25-*1191year mandatory minimum. Accordingly, we hold that the trial court did not violate appellant’s due process right and affirm the judgment and sentence in all respects.

Affirmed.

TAYLOR and CONNER, JJ., concur.


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