Colette v. State

Brian Patrick Colette (Appellant) challenges the denial of his motion to correct sentencing error. See Fla. R.Crim. P. 3.800(b)(1)(B) (stating that motion to correct sentencing error is deemed summarily denied if no order is filed within 60 days from filing of motion). In pertinent part, he contends that the trial court reversibly erred in refusing to grant his request to allow his parents to present mitigating evidence. Because the trial court refused to “entertain submissions and evidence by the parties that are relevant to the sentence,” contrary to Florida Rule of Criminal Procedure…