Aikens v. State

District Court of Appeal of Florida

Aikens v. State

855 So. 2d 725, 2003 Fla. App. LEXIS 15089, 2003 WL 22299009

CourtDistrict Court of Appeal of Florida

DecidedOctober 8, 2003

DocketNo. 3D03-437

StatusPublished

This text of 855 So. 2d 725 (Aikens v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aikens v. State, 855 So. 2d 725, 2003 Fla. App. LEXIS 15089, 2003 WL 22299009 (Fla. Ct. App. 2003).

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Opinion

WELLS, Judge.

Terrance Aikens appeals from the sentence imposed in this case, as corrected, on October 17, 2002, claiming that he had the right to be, but was not, present at the sentencing hearing. The State properly concedes the issue. See, e.g., Smith v. State, 754 So.2d 114 (Fla. 3d DCA 2000).

The sentence imposed in this matter is, therefore, vacated, and this matter is remanded for the purpose of imposing a guidelines sentence following a sentencing hearing at which both Aikens and his counsel are in attendance. See Aikens v. State, 822 So.2d 562 (Fla. 3d DCA 2002) (reversing Aikens’ departure sentence and remanding for imposition of a guidelines sentence).

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WELLS, Judge.

Terrance Aikens appeals from the sentence imposed in this case, as corrected, on October 17, 2002, claiming that he had the right to be, but was not, present at the sentencing hearing. The State properly concedes the issue. See, e.g., Smith v. State, 754 So.2d 114 (Fla. 3d DCA 2000).

The sentence imposed in this matter is, therefore, vacated, and this matter is remanded for the purpose of imposing a guidelines sentence following a sentencing hearing at which both Aikens and his counsel are in attendance. See Aikens v. State, 822 So.2d 562 (Fla. 3d DCA 2002) (reversing Aikens’ departure sentence and remanding for imposition of a guidelines sentence).

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855 So. 2d 725, 2003 Fla. App. LEXIS 15089, 2003 WL 22299009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aikens-v-state-fladistctapp-2003.

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