Acosta v. State

CRENSHAW, Judge.

Juan C. Acosta filed a motion to correct an illegal sentence pursuant to Florida *1180Rule of Criminal Procedure 3.800(a). The trial court granted the motion and summarily resentenced Acosta. Because Acosta’s resentencing was not a ministerial act, the trial court erred by conducting the resentencing without the presence of Acosta or his counsel.

In 2003, Acosta pleaded no contest to trafficking in cocaine in the amount of four hundred grams or more, possession of cannabis in the amount of twenty grams or more, and possession of drug paraphernalia. The trial court adjudicated Acosta…