Butler v. State

Full title: Jeremiah Butler, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jul 21, 2021

No. 1D20-1803 (Fla. Dist. Ct. App. Jul. 21, 2021)

Opinion

1D20-1803

07-21-2021

Jeremiah Butler, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge.

Jessica J. Yeary, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The trial court erred by resentencing Appellant without conducting a sentencing hearing. See Fla. R. Crim. P. 3.720(b); State v. Scott, 439 So.2d 219, 221 (Fla. 1983) (holding a prisoner is entitled to be present at the time a corrected sentence is imposed to the same degree they were entitled to be present when initially sentenced). Mr. Butler is entitled to a sentencing hearing during which he may submit evidence relevant to the sentence. Id. The State properly concedes error. We therefore reverse Mr. Butler's sentences and remand for a sentencing hearing.

RAY, TANENBAUM, and LONG, JJ., concur.