KRISTOPHER SANDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court erred by not conducting a sentencing hearing when imposing a life sentence after the death penalty was vacated.
Following a conviction for first-degree murder and a vacated death sentence, the State agreed not to pursue the death penalty, leading the trial court…
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PATTERSON, Chief Judge.
Kristopher Sanders timely appeals the summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without discussion the trial court’s denial of all grounds except for Sanders’ fifth claim, that the court erred by not conducting a sentencing hearing. As to this claim, we reverse and remand for a sentencing hearing.
Sanders was indicted for, and convicted of, murder in the first degree. He was sentenced to death. The Florida Supreme Court affirmed the conviction, vacated the sentence of death, ana remanded for a new penalty phase proceeding. Sanders v. State, 707 So. 2d 664, 669 (Fla.1998). On remand, the State agreed not to pursue the death penalty. Accordingly, the only sentencing option available to the trial court was the imposition of a sentence for life imprisonment, see §§ 782.04(l)(a), 775.082(1), Fla. Stat. (1993), which the court imposed without holding a sentencing hearing.
Sanders contends, and we agree, that the trial court erred by not holding a sentencing hearing. A criminal defendant’s presence is required at every critical stage. This extends to “any stage of the criminal proceeding that is critical to its outcome if [the defendant’s] presence would contribute to the fairness of the procedure.” Kentucky v. Stincer, 482 U.S. 730, 745, 107 S.Ct. 2658, 96 L.Ed.2d 631 (1987). The right to be present applies to a sentencing hearing. See Proffitt v. Wainwright, 685 F. 2d 1227, 1257 (11th Cir.1982); see also Fla. R.Crim. P. 3.180(a)(9) (providing for the presence of the defendant at the imposition of sentence).
Accordingly, we affirm in part, reverse in part and remand for a sentencing hearing at which Sanders’ presence is required.
BLUE, A.C.J., and STRINGER, J„ Concur.
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Garcia v. State, 846 So. 2d 660 (Fla. 2d DCA 2003)…at the hearing and to have counsel represent him. See Miller v. State, 838 So. 2d 1213 (Fla. 2d DCA 2003) (holding that a defendant is entitled to conflict-free counsel to advise and assist with motions filed under rule 3.170(2)); Sanders v. State, 787 So. 2d 264 (Fla. 2d DCA 2001) (stating that a defendant is entitled to be present at every critical stage of the proceedings). The State argues that the holding in Harris v. State, 818 So. 2d 567 (Fla. 2d DCA), review denied, 835 So. 2d 266 (Fla.2002), requir…
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Vincente Sandoval v. State, 884 So. 2d 214 (Fla. 2d DCA 2004)…ed) (quoting in part Gideon v. Wainwright, 372 U.S. 335, 344, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963)). Moreover, this is not the first time this court has reversed for resentencing when the length of the sentence was predetermined. See Sanders v. State, 787 So. 2d 264, 265 (Fla. 2d DCA 2001) (reversing and remanding for resen-tencing because the circuit court imposed a life sentence without holding a sentencing hearing after the supreme court reversed a death sentence, even though “the only sentencing option avai…
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Neely Petrie-Blanchard v. State (Fla. 5th DCA 2026)
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kentucky v. Stincer, 482 U.S. 730 (U.S. 1987)
- Proffitt v. Louie L. Wainwright, 685 F.2d 1227 (11th Cir. 1982)
- Kristopher Sanders v. State, 707 So. 2d 664 (Fla. 1998)