Opinion
Case No. 4D00-3368.
Opinion filed May 19, 2004.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Hubert R. Lindsey, Judge, L.T. Case No. 97-11194 CF A02.
John A. Garcia of John A. Garcia, P.A., West Palm Beach and Michael Carroll, Lake Worth, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
Because the trial court erred in re-sentencing appellant in his absence and without counsel, and further erred in using an incorrect scoresheet to re-sentence him, we reverse and remand for re-sentencing with a corrected scoresheet, at a hearing at which he is present and represented by counsel.
GUNTHER, STEVENSON and TAYLOR, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.