Florida District Courts of Appeal, 2003

Bryant v. State

Bryant v. State
Florida District Courts of Appeal · Decided December 24, 2003 · Cope, Goderich, Schwartz
861 So. 2d 114; 2003 Fla. App. LEXIS 19529; 2003 WL 23009903 (Southern Reporter, Second Series)

Bryant v. State

Opinion of the Court

Confession of Error

PER CURIAM.

Charles L. Bryant has filed a petition for writ of mandamus, which requests enforcement of the mandate on remand from Bryant v. State, 793 So.2d 906 (Fla. 2001). See Philip J. Padovano, Florida Appellate Practice § 18.10, at 282 n. 2 (2003). As the State concedes, defendant-movant Bryant is entitled to a new sentencing hearing in the trial court, with the assistance of counsel. If the trial court again elects to impose a departure sentence, the defendant may challenge the departure reasons on appeal from the new sentencing order, if there is a viable legal basis to do so.

Petition granted.

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