Florida District Courts of Appeal, 2004

Casado v. State

Casado v. State
Florida District Courts of Appeal · Decided June 9, 2004 · Cope, Fletcher, Gersten
874 So. 2d 726; 2004 Fla. App. LEXIS 8091; 2004 WL 1252743 (Southern Reporter, Second Series)

Casado v. State

Opinion of the Court

CONFESSION OF ERROR

PER CURIAM.

Upon the state’s proper confession of error we reverse the sentence imposed and remand for resentencing as the trial court violated Rule 3.720(b), Florida Rules of Criminal Procedure.1 On remand the trial court shall afford Casado the benefits of the rule. The defendant, of course, shall be present at resentencing.

We reject Casado’s self-defense or defense of others contention. See State v. James, 867 So.2d 414 (Fla. 3d DCA 2003).

*727Casado’s sentence is reversed and remanded. The cause is otherwise affirmed.

. Which reads:

"The court shall entertain submissions and evidence by the parties that are relevant to the sentence."

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