Andrews v. State
Andrews v. State
Opinion of the Court
Richard Andrews (the defendant) appeals the trial court's order granting in part, and denying in part, his motion to correct illegal sentence filed pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure. On appeal, the defendant argues that the trial court erred by granting relief but failing to conduct a resentencing proceeding. We agree and reverse.
The defendant filed the present rule 3.800(a) motion in which he asserted two grounds for relief. In ground two, the defendant challenged the habitual felony offender designation as to count one, burglary of a dwelling. The trial court denied ground one but granted relief on ground two. Without conducting a resentencing hearing, the trial court struck the habitual felony offender designation as to count one and reimposed a life term.
A defendant is entitled to be present and represented by counsel at any resentencing proceeding unless the resentencing involves only a ministerial act. See Thompson v. State,
Accordingly, we reverse and remand to the trial court for a formal resentencing hearing wherein the defendant is represented by counsel.
REVERSED and REMANDED.
COHEN, LAMBERT, and GROSSHANS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.