Jones v. State

Appellant, Chievy Jones, asserts that the trial court erroneously conducted a resentencing hearing without the presence of counsel or Appellant. We agree.

Appellant filed a Motion to Correct an Illegal Sentence pursuant to Rule 3.800(a), *1205Florida Rules of Criminal Procedure. The trial court granted the motion in part, concluding that the HVFO designation on the armed kidnapping counts and the 15-year minimum mandatory sentences should be stricken. However, the trial court conducted the resentencing without Appellant or his counsel present. Cross v. State, 18 So.3d 1235, 1236 (Fla. 1st DCA…