Christian v. State
Christian v. State
5 So. 3d 787; 2009 Fla. App. LEXIS 2523; 2009 WL 779919
(Southern Reporter, Third Series)
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.