Llabona v. State

District Court of Appeal of Florida

Llabona v. State

500 So. 2d 353, 12 Fla. L. Weekly 299, 1987 Fla. App. LEXIS 6372

CourtDistrict Court of Appeal of Florida

DecidedJanuary 20, 1987

DocketNo. 85-1484

StatusPublished

Cited by1 cases

This text of 500 So. 2d 353 (Llabona 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

Llabona v. State, 500 So. 2d 353, 12 Fla. L. Weekly 299, 1987 Fla. App. LEXIS 6372 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

On the State’s motion we relinquished jurisdiction of this appeal from a sentence in excess of the guidelines in order that reasons for the departure, which the trial court recorded in longhand on the sentencing order, be set out in a typed order.

[354]*354On remand the trial court, without the presence of the defendant, conducted a new hearing, considered new evidence, and re-sentenced the defendant in excess of the guidelines on different grounds. We consider the proceedings on remand as a confession of error.

The original sentence is reversed, the new sentencing order is vacated, and the cause is remanded for a new hearing which comports with Florida Rule of Criminal Procedure 3.720 (defendant shall be given the opportunity to show at hearing why sentence should not be pronounced and to submit relevant evidence),

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PER CURIAM.

On the State’s motion we relinquished jurisdiction of this appeal from a sentence in excess of the guidelines in order that reasons for the departure, which the trial court recorded in longhand on the sentencing order, be set out in a typed order.

[354]*354On remand the trial court, without the presence of the defendant, conducted a new hearing, considered new evidence, and re-sentenced the defendant in excess of the guidelines on different grounds. We consider the proceedings on remand as a confession of error.

The original sentence is reversed, the new sentencing order is vacated, and the cause is remanded for a new hearing which comports with Florida Rule of Criminal Procedure 3.720 (defendant shall be given the opportunity to show at hearing why sentence should not be pronounced and to submit relevant evidence),

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Bluebook (online)

500 So. 2d 353, 12 Fla. L. Weekly 299, 1987 Fla. App. LEXIS 6372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/llabona-v-state-fladistctapp-1987.

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