Florida District Courts of Appeal, 2009

Christian v. State

Christian v. State
Florida District Courts of Appeal · Decided March 26, 2009 · Benton, Davis, Padovano
5 So. 3d 787; 2009 Fla. App. LEXIS 2523; 2009 WL 779919 (Southern Reporter, Third Series)
Christian v. State

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Opinion

PER CURIAM.

The defendant appeals the sentence imposed by the court following an order granting a motion to correct a previous illegal sentence. Because the error in the previous sentence was not merely a ministerial or clerical error, the defendant was entitled to be present and represented by counsel at the resentencing hearing. See State v. Scott, 439 So.2d 219 (Fla. 1983); McGough v. State, 876 So.2d 26 (Fla. 1st DCA 2004). The sentence imposed by the court is vacated and the case is remanded to the trial court for resentencing.

DAVIS, BENTON, and PADOVANO, JJ., concur.

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