Cross v. State

ON MOTION FOR REHEARING

This cause is before us on the State’s motion for rehearing or rehearing en banc. We deny the motion for rehearing en banc, but grant rehearing, withdraw the opinion issued on July 8, 2009, and substitute the following.

The appellant challenges the trial court’s summary denial of his motion for postcon-viction relief, filed pursuant to Florida Rules of Criminal Procedure 3.800(a) and 3.850, in which the appellant claimed that: (1) the trial court improperly resentenced him without allowing him or his attorneys to be present and argue for an appropriate sentence; (2) his…