Legal Opinion

Marshall v. State

District Court of Appeal of Florida

Decided May 7, 2003No. 4D01-1846Published

1Opinion of the CourtShahood, J.

We affirm appellant’s conviction on the charge of possession of cocaine with intent to deliver. Appellant raises as her final point on appeal that the trial court erred in sentencing her in violation of Rule 3.720, Florida Rules of Criminal Procedure. Ap-pellee concedes, and we agree, that the trial court reversibly erred in sentencing appellant without a sentencing hearing.

Appellant in this case, immediately after being found guilty by a jury, requested the trial court to “order a sentencing hearing” *1036in a few weeks to enable the court to “entertain submissions and evidence by the parties…

2Cases cited2 opinions

  1. State v. ScottSupreme Court of Florida · 1983
  2. Collins v. StateDistrict Court of Appeal of Florida · 2003

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