GILBERT BERNARD
v.
THE STATE OF FLORIDA
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Gilbert Bernard appealed a resentencing decision, arguing that he should have been present at the resentencing hearing. The Third District Court of Appeal affirmed the circuit court's resentencing, holding that resentencing based on ministerial application of statutory requirements without consideration of additional evidence is a harmless error when conducted in a defendant's absence.
The court affirmed the resentencing, holding that resentencing that does not involve consideration of additional evidence and does not require the trial court to exercise discretion constitutes a ministerial act, and such resentencing conducted in a defendant's absence is harmless error.
[1] Where resentencing involves no consideration of additional evidence and the trial court has no discretion in imposing the new sentence, resentencing constitutes a ministe…
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Join FLexlaw to unlock all legal intelligence“where resentencing does not involve the consideration of any additional evidence, and where the trial court does not have any discretion in the new sentence it imposes, resentencing is a ministerial act”
Establishes the legal standard for determining when resentencing is a ministerial act and therefore harmless when conducted in a defendant's absence.
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Join FLexlaw to unlock all legal intelligenceGilbert Bernard was a juvenile offender previously sentenced to a term exceeding 15 years. Under Florida Statute § 921.1402(2)(c), Bernard was entitle…
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Opinion filed June 26, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D23-2132 Lower Tribunal No. F09-30306 ________________
Gilbert Bernard,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Teresa Pooler, Judge. McLain Law, P.A., and Matthew R. McLain (Longwood), for appellant. Ashley Moody, Attorney General, and Linda Katz, Assistant Attorney General, for appellee. Before SCALES, GORDO and BOKOR, JJ. PER CURIAM.
Affirmed. See McCoggle v. State, 49 Fla. L. Weekly D772a, at *4 (Fla. 4th DCA Apr. 10, 2024) (“Thus, where resentencing does not involve the consideration of any additional evidence, and where the trial court does not have any discretion in the new sentence it imposes, resentencing is a ministerial act.”); Jordan v. State, 143 So. 3d 335, 339 (Fla. 2014) (noting that “resentencing a defendant in his absence will be harmless where it involves only a ministerial act”); see also § 921.1402(2)(c), Fla. Stat. (mandating that “[a] juvenile offender sentenced to a term of more than 15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 775.082(3)(b)2.b.
is entitled to a review of his or her sentence after 15 years”).