Kiely v. State

SILBERMAN, Judge.

In this belated appeal, William Kiely challenges his corrected sentences in five cases.1 We affirm in all respects but write to address Kiely’s arguments that the trial court improperly imposed corrected sentences (1) without Kiely being present; (2) by departing from the sentencing guidelines without giving reasons for the departures; and (3) by departing from the sentencing guidelines in violation of Kiely’s plea agreement.

First, Kiely did not have a right to be present at the hearing at which his sentences were corrected because the trial court merely performed the…