Summary
reversing for a hearing because the circuit court sentenced the defendant without first conducting a hearing as defendant requested
Summary of this case from Pringle v. StateOpinion
No. 1D07-1558.
February 19, 2008.
An appeal from the Circuit Court for Duval County. John M. Merrett, Judge.
Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Tallahassee, for Appellant.
Bill McCollum, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.
The State properly concedes the trial court committed error by imposing sentence upon appellant without first conducting a sentencing hearing, as appellant requested. See Fla.R.Crim.P. 3.720(b); State v. Scott, 439 So.2d 219, 221 (Fla. 1983). We REVERSE appellant's sentence and REMAND for the trial court to conduct a sentencing hearing, during which appellant shall be "entitled to show legal cause why sentence should not be pronounced and to submit evidence relevant to the sentence." Id.
KAHN, WEBSTER and ROBERTS, JJ., Concur.