BUTLER v. STATE (2021)

District Court of Appeal of Florida, First District.

Jeremiah BUTLER, Appellant, v. STATE of Florida, Appellee.

No. 1D20-1803

Decided: July 21, 2021

Jessica J. Yeary, Public Defender, and Justin Foster Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha Rae Herrera, Assistant Attorney General, Tallahassee, for Appellee.

The trial court erred by resentencing Appellant without conducting a sentencing hearing. See Fla. R. Crim. P. 3.720(b); State v. Scott, 439 So. 2d 219, 221 (Fla. 1983) (holding a prisoner is entitled to be present at the time a corrected sentence is imposed to the same degree they were entitled to be present when initially sentenced). Mr. Butler is entitled to a sentencing hearing during which he may submit evidence relevant to the sentence. Id. The State properly concedes error. We therefore reverse Mr. Butler's sentences and remand for a sentencing hearing.

Per Curiam.

Ray, Tanenbaum, and Long, JJ., concur.

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