Florida District Courts of Appeal, 2008

Bennett v. State

Bennett v. State
Florida District Courts of Appeal · Decided February 19, 2008 · Kahn, Roberts, Webster
974 So. 2d 578; 2008 Fla. App. LEXIS 2122; 2008 WL 423503 (Southern Reporter, Second Series)

Bennett v. State

Opinion of the Court

PER CURIAM.

The State properly concedes the trial court committed error by imposing sentence upon appellant without first conducting a sentencing hearing, as appellant requested. See Fla. R.Crim. P. 3.720(b); State v. Scott, 439 So.2d 219, 221 (Fla. 1983). We REVERSE appellant’s sentence and REMAND for the trial court to conduct a sentencing hearing, during which appellant shall be “entitled to show legal cause why sentence should not be pronounced and to submit evidence relevant to the sentence.” Id.

KAHN, WEBSTER and ROBERTS, JJ., Concur.

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