Bennett v. State
District Court of Appeal of Florida
1Per curiam
The State properly concedes the trial court committed error by imposing sentence upon appellant without first conducting a sentencing hearing, as appellant requested. See Fla. R.Crim. P. 3.720(b); State v. Scott, 439 So.2d 219, 221 (Fla.1983). We REVERSE appellant’s sentence and REMAND for the trial court to conduct a sentencing hearing, during which appellant shall be “entitled to show legal cause why sentence should not be pronounced and to submit evidence relevant to the sentence.” Id.
KAHN, WEBSTER and ROBERTS, JJ., Concur.
2Cases cited1 opinion
- State v. ScottSupreme Court of Florida · 1983
3Cited by2 opinions
- Benner v. StateDistrict Court of Appeal of Florida · 2008
- Pringle v. StateDistrict Court of Appeal of Florida · 2009