Thompson v. State

Full title: KEITH THOMPSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Dec 26, 2001

802 So. 2d 503 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 4D01-1496

Opinion filed December 26, 2001

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard I. Wennet, Judge; L.T. Case No. 96-7469 CFA02.

Carey Haughwout, Public Defender, and Sophia Letts, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, and Douglas J. Glaid, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

This is an appeal from a resentencing under Heggs v. State, 759 So.2d 620 (Fla. 2000). The public defender filed an Anders brief in Kevin Thompson's appeal, advising that it presented no meritorious issues warranting reversal.¹ Supplemental briefing has revealed that when resentencing Thompson, the trial court was divested of jurisdiction due to a pending related direct appeal.² See Knapp v. State, 691 So.2d 550 (Fla. 2d DCA 1999); Landers v. State, 691 So.2d 550 (Fla. 4th DCA 1997).

1 Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2 4D00-4369.

As we state in Thompson v. State, 4D00-4369, appellant must be present at resentencing. We, therefore, vacate the sentence and remand for resentencing.

KLEIN, SHAHOOD and HAZOURI, JJ., concur.