Jason J. Ganga v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledOctober 2, 2026
Docket5D2024-2695
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2024-2695
LT Case No. 2023-CF-000758-A
_____________________________
JASON J. GANGA,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Lake County.
Heidi Davis, Judge.
Hani Demetrious, of The Law Office of Robert David Malove,
P.A., Fort Lauderdale, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and Deborah
Chance, Assistant Attorney General, Daytona Beach, for
Appellee.
October 2, 2026
WALLIS, J.
Appellant, Jason Ganga, appeals the judgment and sentence
that were entered after a jury found him guilty of attempted
second-degree murder, aggravated battery, and shooting into a
vehicle. We reverse and remand for further proceedings.
After trial, the court sentenced Appellant to 30 years in
prison on counts 1 and 2 with a 25-year minimum mandatory
sentence followed by 5 years probation. It also sentenced him to
159 months in prison on count 3.
The State filed a motion to correct sentence pursuant to
Florida Rule of Criminal Procedure 3.800(b)(1), and requested that
the court modify the sentence so that it did not exceed a total of 30
years. The court held a hearing on the matter, but Appellant was
not present. Appellant’s attorney announced that he would waive
Appellant’s presence for purposes of the resentencing hearing. The
court subsequently issued an Amended Sentence, which sentenced
Appellant to 30 years in prison on counts 1 and 2 with a 25-year
minimum mandatory and removed the probationary sentence.
The court again sentenced Appellant to 159 months in prison on
count 3. All sentences were to run concurrent with one another.
Appellant filed a Motion to Correct Sentencing Error
pursuant to Rule 3.800(b)(2), arguing that the court violated his
due process rights when it resentenced him without allowing him
to be present at the hearing. The court denied Appellant’s motion,
finding that Appellant’s presence was not required at the
resentencing hearing because resentencing was ministerial.
Appellant challenges that ruling on appeal. The State
commendably concedes that reversible error occurred below. We
agree.
Florida Rule of Criminal Procedure 3.180(a)(9) requires the
defendant’s presence at pronouncement of the judgment and
imposition of the sentence, including resentencing. Jordan v.
State, 143 So. 3d 335, 338 (Fla. 2014). However, resentencing a
defendant in his absence can be harmless error where
resentencing only involves a ministerial act. Id. at 339. When a
trial judge has discretion as to the new sentence, resentencing is
not a ministerial act and the defendant’s presence is required. Id.
Because the trial court could have imposed any sentence
between 25 and 30 years in prison on counts 1 and 2, resentencing
was not a ministerial act. See id. Furthermore, nothing in the
record established that Appellant knowingly and voluntarily
2
waived his right to be present at resentencing, even though his
attorney orally waived his presence at the hearing. See Darwin v.
State, 259 So. 3d 260, 262 (Fla. 2d DCA 2018) (reversing and
remanding for resentencing where defendant was not present at
resentencing and the record did not establish a knowing,
intelligent, and voluntary waiver of the right by the defendant).
Therefore, we reverse and remand for a new resentencing hearing
at which Appellant is entitled to be present.
In addition, we reverse the $250.00 fine that was imposed
pursuant to section 775.083, Florida Statutes, because the court
did not orally announce that fine at either of the sentencing
hearings. A fine imposed pursuant to section 775.083 is
discretionary and must be orally announced at sentencing. See
Mattice v. State, 393 So. 3d 842, 845 (Fla. 2d DCA 2024). On
remand, the court shall also adjust the surcharge associated with
the $250.00 fine. In all other respects, we affirm the costs and fees
imposed.
REVERSED and REMANDED, With Instructions.
EDWARDS and SOUD, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
3