Henshaw v. State
Henshaw v. State
Opinion of the Court
Henshaw challenges his sentences imposed pursuant to directions from this court upon remand in Henshaw v. State, 564 So.2d 540 (Fla. 2d DCA 1990), and Henshaw v. State, 564 So.2d 541 (Fla. 2d DCA 1990).
We agree with Henshaw's first contention, as does the state, that his judgment incorrectly reflects the degree of the burglary of which he was convicted as a second, rather than a third-degree felony. Accordingly, we remand this cause to the trial court for correction of Henshaw’s judgment.
Henshaw’s second contention is that he is entitled to be discharged because he has served the statutory maximum sentence of five years for a third-degree felony. Since
The final contention of Henshaw’s with which we find merit is that the trial court erred in sentencing him in absentia. We agree. Fla.R.Crim.P. 3.180(a)(9). Quarterman v. State, 506 So.2d 50 (Fla. 2d DCA 1987), approved on other grounds, 527 So.2d 1380 (Fla. 1988). If the trial court determines on remand that Henshaw should be resentenced, Henshaw must be present.
Remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.