Florida District Courts of Appeal, 2017

Davis v. State

Florida District Courts of Appeal · Decided July 7, 2017 · Eisnaugle, Evander, Torpy

230 So. 3d 487 (Southern Reporter, Third Series)

Cases that cite this one

5 later published cases cite this decision.

Deryck L. Katwaroo v. State (Fla. Dist. Ct. App. 2018)
Alberto Ruiz v. State (Fla. Dist. Ct. App. 2018)
Kenneth L. Jackson v. State (Fla. Dist. Ct. App. 2018)
Dara G. Ostane v. State (Fla. Dist. Ct. App. 2018)
Patrick Maxwell v. State (Fla. Dist. Ct. App. 2018)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM

This is an appeal from the trial court’s order below granting in part and denying *488in. part'Appellant’s motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). On. appeal, Appellant argues that the. trial court erred when it modified his sentence without holding a resentencing hearing, We agree, and remand for resentencing. See §' 775;082(3)(c), Fla. Stat. '(2016); § 921.l402(2)(d), Fla. Stat. (2016); see also Kelsey v. State, 206 So.3d 5, 10-11 (Fla. 2016) (“Because we determine that resen-tencing is the appropriate remedy, the trial courts may embrace all of the provisions of chapter 2014-220 [which was codified in sections 775.082, 921.1401, and 921.1402, Florida Statutes] and are not required to limit themselves to only applying the judicial review provision.”). The trial court’s order is otherwise affirmed.

AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

TORPY, EVANDER, and EISNAUGLE JJ., concur.

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