Florida District Courts of Appeal, 2003

Aikens v. State

Aikens v. State
Florida District Courts of Appeal · Decided October 8, 2003 · Fletcher, Levy, Wells
855 So. 2d 725; 2003 Fla. App. LEXIS 15089; 2003 WL 22299009 (Southern Reporter, Second Series)

Aikens v. State

Opinion of the Court

WELLS, Judge.

Terrance Aikens appeals from the sentence imposed in this case, as corrected, on October 17, 2002, claiming that he had the right to be, but was not, present at the sentencing hearing. The State properly concedes the issue. See, e.g., Smith v. State, 754 So.2d 114 (Fla. 3d DCA 2000).

The sentence imposed in this matter is, therefore, vacated, and this matter is remanded for the purpose of imposing a guidelines sentence following a sentencing hearing at which both Aikens and his counsel are in attendance. See Aikens v. State, 822 So.2d 562 (Fla. 3d DCA 2002) (reversing Aikens’ departure sentence and remanding for imposition of a guidelines sentence).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.