Daniels v. State

District Court of Appeal of Florida

Daniels v. State

575 So. 2d 722, 1991 Fla. App. LEXIS 1735, 1991 WL 27162

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1991

DocketNo. 90-297

StatusPublished

Cited by1 cases

This text of 575 So. 2d 722 (Daniels 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

Daniels v. State, 575 So. 2d 722, 1991 Fla. App. LEXIS 1735, 1991 WL 27162 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellant was sentenced as a habitual felony offender. No court reporter was present during sentencing, however, the proceedings were recorded by audio tape recorder. The tape has been lost. Counsel and the trial court have been unable to prepare an adequate statement of the sentencing proceedings. See Fla.R.App.P. [723]*7239.200(b)(4). The appellee has filed an answer brief agreeing with appellant’s position that under such circumstances appellant’s sentence should be vacated and the case remanded for resentencing appellant. We agree.

Accordingly, appellant’s sentence is hereby vacated and this case is remanded for resentencing appellant. The resentencing proceedings shall be reported. See Fla.R. Jud.A. 2.070.

SHIVERS, C.J., and JOANOS and WOLF, JJ., concur.

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PER CURIAM.

Appellant was sentenced as a habitual felony offender. No court reporter was present during sentencing, however, the proceedings were recorded by audio tape recorder. The tape has been lost. Counsel and the trial court have been unable to prepare an adequate statement of the sentencing proceedings. See Fla.R.App.P. [723]*7239.200(b)(4). The appellee has filed an answer brief agreeing with appellant’s position that under such circumstances appellant’s sentence should be vacated and the case remanded for resentencing appellant. We agree.

Accordingly, appellant’s sentence is hereby vacated and this case is remanded for resentencing appellant. The resentencing proceedings shall be reported. See Fla.R. Jud.A. 2.070.

SHIVERS, C.J., and JOANOS and WOLF, JJ., concur.

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575 So. 2d 722, 1991 Fla. App. LEXIS 1735, 1991 WL 27162, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-state-fladistctapp-1991.

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