Opinion
No. 98-3969
Opinion filed June 22, 1999.
An appeal from the Circuit Court for Escambia County, Joseph Q. Tarbuck, Judge.
Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Trisha E. Meggs, Assistant Attorney General, Tallahassee, for Appellee.
In this belated appeal, appellant, Calvin Alexander Harris, challenges his resentencing conducted by the trial court outside of his presence. Based upon the State's proper concession of error in light of Griffin v. State, 517 So.2d 669, 670 (Fla. 1987) and Roy v. State, 711 So.2d 1348, 1349 (Fla. 1st DCA 1998), we reverse the sentence and remand for resentencing within the guidelines, pursuant to our previous opinion in Harris v. State, 667 So.2d 265 (Fla. 1st DCA 1995), and direct that appellant be present at his resentencing.
Reversed and remanded for resentencing.
BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR.