BERMUDEZ
v.
STATE
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A sentencing document need not explicitly include language granting the right to judicial review of a sentence, as the statute makes such review mandatory when an offender files an application with the trial court.
[1] A sentencing document need not include explicit language providing for the right to judicial review of a sentence where the applicable statute provides that an offender m…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“it usually may be unnecessary for a court to include language in a sentencing document providing for the right to judicial review of a sentence, as subsection (4) provides that the offender initiates the sentence review by submitting an application to the trial court requesting that a sentence review hearing be held”
Court explaining that statutory framework makes explicit language unnecessary
Bermudez was sentenced and appealed, challenging aspects of the sentencing proceedings or documentation.…
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PER CURIAM.
Affirmed. See Matias v. State, 228 So. 3d 677, 678 (Fla. 2d DCA 2017) (observing: "We agree ... that it usually may be unnecessary for a court to include language in a sentencing document providing for the right to judicial review of a sentence, as subsection (4) provides that the offender initiates the sentence review by submitting an application to the trial court requesting that a sentence review hearing be held. After receiving this application, it is mandatory for a trial court to conduct the review. § 921.1402(6).")
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Authorities Cited
- Mynor Matias v. State, 228 So. 3d 677 (Fla. 2d DCA 2017)