Jeremiah Butler v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D20-1803 _____________________________ JEREMIAH BUTLER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Duval County. Tatiana Salvador, Judge. July 21, 2021 PER CURIAM. 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. RAY, TANENBAUM, and LONG, JJ., concur.  _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ 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. 2