DONALD DAVIS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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This is an appeal from the trial court’s order below granting in part and denying *488in. part'Appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). On. appeal, Appellant argues that the. trial court erred when it modified his sentence without holding a resentencing hearing, We agree, and remand for resentencing. See §' 775;082(3)(c), Fla. Stat. '(2016); § 921.l402(2)(d), Fla. Stat. (2016); see also Kelsey v. State, 206 So.3d 5, 10-11 (Fla. 2016) (“Because we determine that resen-tencing is the appropriate remedy, the trial courts may embrace all of the provisions of chapter 2014-220 [which was codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes] and are not required to limit themselves to only applying the judicial review provision.”). The trial court’s order is otherwise affirmed.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
TORPY, EVANDER, and EISNAUGLE JJ., concur.
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Citator
Cited By (12 total)
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Deryck Lee Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018)…3d 910 (Fla. 5th DCA 2017), but see Davis v. State, 214 So. 3d 799 (Fla. 1st DCA 2017). However, it was error for the trial court to amend the sentence to provide for a review hearing without first conducting a resentencing hearing. Davis v. State, 230 So. 3d 487 (Fla. 5th DCA 2017). Accordingly, we reverse and remand for the trial court to treat the instant motion as a rule 3.800(a) motion and to hold a resentencing hearing pursuant to section 921.1402, Florida Statutes. REVERSED and REMANDED. EVANDER, J…1 / 2
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Dara G. Ostane v. State, 245 So. 3d 1022 (Fla. 5th DCA 2018)…S. 48 (2010); Morris v. State, 43 Fla. L. Weekly S223 (Fla. May 10, 2018); Kelsey v. State, 206 So. 3d 5 (Fla. 2016); Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018); Montgomery v. State, 230 So. 3d 1256 (Fla. 5th DCA 2017); Davis v. State, 230 So. 3d 487 (Fla. 5th DCA 2017); Burrows v. State, 219 So. 3d 910 (Fla. 5th DCA 2017); Tyson v. State, 199 So. 3d 1087 (Fla. 5th DCA 2016). The trial court correctly held that Ostane was entitled to judicial review. However, the trial court erred when it h…
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Ruiz v. State, 242 So. 3d 1204 (Fla. 5th DCA 2018)…entencing hearing and judicial review of his sentence. The trial court granted Ruiz's motion in part, amending the sentencing documents to allow for a juvenile sentence review hearing, but denying Ruiz a new resentencing hearing. In Davis v. State, 230 So. 3d 487 (Fla. 5th DCA 2017), this Court held that the trial court erred when it modified a juvenile defendant's sentence to allow for a review [*1205] hearing without also holding a resentencing hearing under sections 775.082, 921.1401 and 921.1402, Florida…1 / 2
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- Kelsey v. State, 206 So.3d 5 (Fla. 2016)