Christian v. State

5 So. 3d 787, 2009 Fla. App. LEXIS 2523, 2009 WL 779919

Opinion

PER CURIAM.

The defendant appeals the sentence imposed by the court following an order granting a motion to correct a previous illegal sentence. Because the error in the previous sentence was not merely a ministerial or clerical error, the defendant was entitled to be present and represented by counsel at the resentencing hearing. See State v. Scott, 439 So.2d 219 (Fla.1983); McGough v. State, 876 So.2d 26 (Fla. 1st DCA 2004). The sentence imposed by the court is vacated and the case is remanded to the trial court for resentencing.

DAVIS, BENTON, and PADOVANO, JJ., concur.