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Childers v. State

District Court of Appeal of Florida, Second District
Dec 10, 2003
861 So. 2d 1194 (Fla. Dist. Ct. App. 2003)

Summary

providing that “[w]hen a defendant is resentenced under Thompson, the resentencing shall be conducted de novo”

Summary of this case from Carter v. State

Opinion

No. 2D03-863.

December 10, 2003.

Appeal from the Circuit Court, Pinellas County, Richard A. Luce, J.

John D. Middleton and R. Mitchell Prugh of Middleton Prugh, P.A., Melrose, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


Roderick Childers seeks review of the thirty-year habitual violent felony offender sentence which was imposed pursuant to a resentencing under State v. Thompson, 750 So.2d 643 (Fla. 1999). Childers argues that the trial court erred when it refused to consider mitigation evidence and indicated that it would not substitute its judgment for the prior sentencing court on remand. When a defendant is resentenced under Thompson, the resentencing shall be conducted de novo, and the court is required to consider mitigation evidence. Webb v. State, 805 So.2d 856, 857 (Fla. 2d DCA 2001). Thus, we reverse and remand for the court to conduct a de novo sentencing hearing in this case.

In Thompson, the Florida Supreme Court held that chapter 95-182, Laws of Florida, which created the statute under which Children was originally sentenced, was unconstitutional. State v. Thompson, 750 So.2d 643, 646 (Fla. 1999).

Reversed and remanded.

SALCINES and WALLACE, JJ., Concur.


Summaries of

Childers v. State

District Court of Appeal of Florida, Second District
Dec 10, 2003
861 So. 2d 1194 (Fla. Dist. Ct. App. 2003)

providing that “[w]hen a defendant is resentenced under Thompson, the resentencing shall be conducted de novo”

Summary of this case from Carter v. State
Case details for

Childers v. State

Case Details

Full title:Roderick CHILDERS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 10, 2003

Citations

861 So. 2d 1194 (Fla. Dist. Ct. App. 2003)

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