McMullon v. State

District Court of Appeal of Florida

McMullon v. State

129 So. 3d 500, 2014 WL 84972, 2014 Fla. App. LEXIS 318

District Court of Appeal of Florida·Decided January 9, 2014·No. No. 1D13-989·Published

Opinion

PER CURIAM.

On appeal, Appellant raised two issues. First, Appellant asserted that the trial court erred in revoking his probation. Alternatively, Appellant argues that the trial court erred in resentencing him, following the probation revocation and after granting his 3.800 motion, when Appellant and his counsel were not present at the hearing. The State properly concedes that Appellant had a right to be present at a resentencing hearing pursuant to a successful 3.800(b) motion. See Cross v. State, 18 So.3d 1235, 1236 (Fla. 1st DCA 2009); see also McGough v. State, 876 So.2d 26, 26 (Fla. 1st DCA 2004).

REVERSED and REMANDED for re-sentencing.

THOMAS, MARSTILLER, and MAEAR, JJ., concur.

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PER CURIAM.

On appeal, Appellant raised two issues. First, Appellant asserted that the trial court erred in revoking his probation. Alternatively, Appellant argues that the trial court erred in resentencing him, following the probation revocation and after granting his 3.800 motion, when Appellant and his counsel were not present at the hearing. The State properly concedes that Appellant had a right to be present at a resentencing hearing pursuant to a successful 3.800(b) motion. See Cross v. State, 18 So.3d 1235, 1236 (Fla. 1st DCA 2009); see also McGough v. State, 876 So.2d 26, 26 (Fla. 1st DCA 2004).

REVERSED and REMANDED for re-sentencing.

THOMAS, MARSTILLER, and MAEAR, JJ., concur.

McMullon v. State, 129 So. 3d 500, 2014 WL 84972, 2014 Fla. App. LEXIS 318 (Fla. Ct. App. 2014).

Pincite

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Opinion

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