PATRICK MAXWELL
v.
STATE
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A juvenile nonhomicide offender is entitled to a full resentencing hearing under section 921.1402 before a trial court may amend the sentence to provide only for a judicial review hearing.
[1] A trial court errs when it amends a juvenile nonhomicide offender's sentence to provide for a judicial review hearing without first conducting a full resentencing hearing…
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Join FLexlaw to unlock all legal intelligence“it was error for the trial court to amend the juvenile offender's sentence to provide for a review hearing without first conducting a resentencing hearing”
Court's citation to Katwaroo v. State establishing the governing rule
Patrick Maxwell, a juvenile nonhomicide offender, filed a Rule 3.800(a) motion to correct an illegal sentence. The postconviction court granted a judi…
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PER CURIAM.
Patrick Maxwell appeals the postconviction court’s order granting in part and denying in part his Florida Rule of Criminal Procedure 3.800(a) motion to correct illegal sentence. The court granted Maxwell, a juvenile nonhomicide offender, a judicial review hearing of his lengthy prison sentence under sections 775.082, 921.1401, and 921.1402, Florida Statutes (2017), but denied his separate request for a resentencing hearing.
Based upon our recent precedent, we agree with Maxwell that he is entitled to a resentencing hearing pursuant to section 921.1402. See Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018) (holding that it was error for the trial court to amend the juvenile offender’s sentence to provide for a review hearing without first conducting a resentencing hearing (citing Davis v. State, 230 So. 3d 487, 488 (Fla. 5th DCA 2017))). Therefore, we reverse and remand with directions that the court conduct a full resentencing hearing.
We affirm the other issue raised in Maxwell’s motion without further discussion.
AFFIRMED in part; REVERSED in part; and REMANDED.
SAWAYA, EVANDER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Deryck Lee Katwaroo v. State, 237 So. 3d 446 (Fla. 5th DCA 2018)
- Davis v. State, 230 So. 3d 487 (Fla. 5th DCA 2017)