Al L. Burgess v. State of Florida

Appellant appeals from an order of the trial court that denied in part his motion to correct illegal sentence. He contends that he should have been granted a resentencing hearing at which he would be present and represented by counsel. The trial court’s order granted the motion insofar as it struck Appellant’s designation as a habitual violent felony offender for the life felonies of armed kidnapping and armed sexual battery, but denied Appellant’s request for resentencing “without prejudice.” 1 The latter ruling was reversible error, as a defendant is entitled to be present and represented…