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Harris v. State

733 So. 2d 604, 1999 Fla. App. LEXIS 8281, 1999 WL 410333
Procedural entryThis page is a short order in Harris v. State. Read the opinion of the Court — 687 So. 2d 29 →
District Court of Appeal of Florida·Decided June 22, 1999·No. No. 98-3969·Published

Opinion

PER CURIAM.

In this belated appeal, appellant, Calvin Alexander Harris, challenges his resen-tencing conducted by the trial court outside of his presence. Based upon the State’s proper concession of error in light of Griffin v. State, 617 So.2d 669, 670 (Fla.1987) and Roy v. State, 711 So.2d 1348, 1349 (Fla. 1st DCA 1998), we reverse the sentence and remand for resentencing within the guidelines, pursuant to our previous opinion in Harris v. State, 667 So.2d 265 (Fla. 1st DCA 1995), and direct that appellant be present at his resentencing.

[605]*605Reversed and remanded for resentenc-ing.

BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR.

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Harris v. State, 733 So. 2d 604, 1999 Fla. App. LEXIS 8281, 1999 WL 410333 (Fla. Ct. App. 1999).

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Roy v. State
711 So. 2d 1348 (District Court of Appeal of Florida, 1998)
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617 So. 2d 667 (Supreme Court of Alabama, 1993)
Harris v. State
667 So. 2d 265 (District Court of Appeal of Florida, 1995)