CHIEVY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant, Chievy Jones, asserts that the trial court erroneously conducted a resentencing hearing without the presence of counsel or Appellant. We agree.
Appellant filed a Motion to Correct an Illegal Sentence pursuant to Rule 3.800(a), *1205Florida Rules of Criminal Procedure. The trial court granted the motion in part, concluding that the HVFO designation on the armed kidnapping counts and the 15-year minimum mandatory sentences should be stricken. However, the trial court conducted the resentencing without Appellant or his counsel present. Cross v. State, 18 So.3d 1235, 1236 (Fla. 1st DCA 2009). Accordingly, we reverse and remand for a resentencing hearing in the presence of Appellant and his counsel. Id.; Bines v. State, 837 So.2d 1146, 1147 (Fla. 1st DCA 2003).
REVERSED and REMANDED.
WOLF, PADOVANO, and ROWE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bell v. State, 219 So. 3d 221 (Fla. 1st DCA 2017)…s case, “when the trial court deleted the HFO designation, there was no justification for a sentence above the guidelines”). Therefore, the appellant is entitled to be present and represented by counsel at a resentencing hearing. See Jones v. State, 61 So. 3d 1204, 1205 (Fla. 1st DCA 2011). Accordingly, on remand, the trial court. should strike the HVFO designation and fifteen-year mandatory minimum sentences as to the sexual battery counts and conduct a resentencing hearing as to these counts only. The appe…
Authorities Cited
- Bines v. State, 837 So. 2d 1146 (Fla. 1st DCA 2003)
- Cross v. State, 18 So. 3d 1235 (Fla. 1st DCA 2009)