Mason v. State

Appellant was convicted of simple battery after a jury trial. She was adjudicated guilty and given the maximum sentence of one year in jail. We affirm the conviction but remand the cause for a sentencing hearing as required by Fla.R.Crim.P. 3.720.

The requirement of a sentencing hearing is mandatory-under the rule and may not be omitted at the discretion of the trial court. Mask v. State, 289 So.2d 385 (Fla.1973); Trudeau v. State, 348 So.2d 66 (Fla. 4th DCA 1977), certiorari denied, 355 So.2d 517 (Fla.1978); Culbertson v. State, 306 So.2d 142 (Fla. 2d DCA 1975). Nor can the mandatory nature…