Bain v. State

Respectfully, we should affirm the sentencing order and reject the State’s confession of error.

The case now before us is an appeal after revocation of probation in Miami-Dade County Circuit Court case number 98-29538. Defendant-appellant Bain filed a motion to correct sentencing error pending appeal. This motion fell before a successor judge who conducted several hearings on that matter and another of the defendant’s pending cases.

When this case came before the successor judge for resentencing on a corrected sentencing guidelines scoresheet, the judge made reference to the fact that the…