Legal Opinion

Salters v. State

District Court of Appeal of Florida

Decided December 26, 2001No. 4D00-3297PublishedCited by 2 opinions

1Opinion of the CourtKlein, J.

Rule 3.700(c)(1) requires that, when a sentence is being imposed by a judge other than the judge who presided at trial, the sentencing judge must become “acquainted with what transpired at the trial.”

In the present case appellant had to be resentenced following an appeal, but the original sentencing judge was no longer on the circuit court bench. At the resentenc-ing hearing, appellant’s counsel pointed out that it was incumbent on the court to comply with the rule, but the court refused to do so because it was obvious that the prior judge had intended to impose the most stringent sentence…

2Cases cited3 opinions

  1. Salters v. StateSupreme Court of Florida · 2000
  2. Spencer v. StateDistrict Court of Appeal of Florida · 1992
  3. Moore v. StateDistrict Court of Appeal of Florida · 1979

3Cited by2 opinions

  1. Peters v. StateDistrict Court of Appeal of Florida · 2013
  2. Salters v. StateDistrict Court of Appeal of Florida · 2003

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