Opinion
No. 02-3044.
December 17, 2003.
An appeal from the Circuit Court of Miami-Dade County, Ronald C. Dresnick, Judge.
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.
Charles J. Crist, Jr., Attorney General, and Andrea D. England, Assistant Attorney General, for appellee.
Before COPE, GODERICH, and FLETCHER, JJ.
Dontrelle Lee appeals from an order revoking his probation and sentencing him to life in prison. We reverse and remand for a new hearing before a different judge, with directions to consider whether revocation of probation is warranted based upon the charges alleged in the affidavit of violation of probation. If the court decides to revoke probation it shall resentence Lee. See e.g., Cheatham v. State, 751 So.2d 751 (Fla. 3d DCA 2000).
Reversed and remanded.