Aikens v. State

District Court of Appeal of Florida

Aikens v. State

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

Procedural entryThis page is a short order in Aikens v. State. Read the opinion of the Court — 2002 Fla. App. LEXIS 10826 →

District Court of Appeal of Florida·Decided October 8, 2003·No. No. 3D03-437·Published

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).

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

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Opinion

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