Kokx v. State

District Court of Appeal of Florida

Kokx v. State

521 So. 2d 297, 13 Fla. L. Weekly 583, 1988 Fla. App. LEXIS 841, 1988 WL 18122

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1988

DocketNo. 87-996

StatusPublished

Cited by1 cases

This text of 521 So. 2d 297 (Kokx 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

Kokx v. State, 521 So. 2d 297, 13 Fla. L. Weekly 583, 1988 Fla. App. LEXIS 841, 1988 WL 18122 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Appellant has raised two issues on appeal pertaining to the sentence imposed on remand pursuant to Kokx v. State, 498 So.2d 534 (Fla. 1st DCA 1986). Appellee agrees that the second issue raised, that the trial court erred in resentencing appellant without allowing him to be present, requires reversal for resentencing. Without addressing the substance of appellant’s remaining issue, appellee suggests that the court may impose the same sentence on remand.

Because the admitted error is so substantial as to require reversal of the sentence, we do not reach the merits of appellant’s argument pertaining to the alleged improper reasons for departing from the recommended sentence. Nor do we consider ap-pellee’s suggestion that the same sentence may be imposed on remand.

Accordingly, appellant’s sentence is vacated, and this cause is remanded for re-sentencing.

WENTWORTH, NIMMONS and BARFIELD, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI