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Christian v. State

5 So. 3d 787, 2009 Fla. App. LEXIS 2523, 2009 WL 779919
CourtDistrict Court of Appeal of Florida
DecidedMarch 26, 2009
Docket1D06-1711
StatusPublished
Cited by1 cases

This text of 5 So. 3d 787 (Christian 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.

Bluebook
Christian v. State, 5 So. 3d 787, 2009 Fla. App. LEXIS 2523, 2009 WL 779919 (Fla. Ct. App. 2009).

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.

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Related

Walton v. State
106 So. 3d 522 (District Court of Appeal of Florida, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
5 So. 3d 787, 2009 Fla. App. LEXIS 2523, 2009 WL 779919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christian-v-state-fladistctapp-2009.