Warrick v. United States

SCHWELB, Associate Judge:

The narrow question presented is whether a defendant previously sentenced for armed burglary with intent to commit assault has a right to be present and to allocute if that conviction is vacated on appeal and a previously vacated conviction for armed burglary with intent to steal is reinstated. In the present case, following a remand, the trial judge, without a further hearing, imposed the same sentence on the reinstated count that he had previously given the defendant on the vacated count. Holding that this procedure denied the defendant the fundamental right to be…