Alexander v. State

SHARP, Judge.

Alexander appeals the summary denial of his motion for post-conviction relief pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure. He argues his sentence should be set aside because he was not allowed to be present at his resentencing following this court’s reversal of his first sentence on Villery1 grounds. Alexander v. State, 399 So.2d 424 (Fla. 5th DCA 1981). We agree. Our court is committed to the view that a defendant must be allowed to be present at a resentencing pursuant to Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1981). Keller…