Christian v. State
Florida District Courts of Appeal
Christian v. State, 5 So. 3d 787 (2009)
2009 Fla. App. LEXIS 2523; 2009 WL 779919
Benton, Davis, Padovano
Christian v. State
Opinion
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.
Reference
- Full Case Name
- Larry CHRISTIAN, Appellant, v. STATE of Florida, Appellee
- Cited By
- 1 case
- Status
- Published