Hodierne v. State

BLACK, Judge.

David Hodierne challenges his judgment and sentence for home invasion robbery with a deadly weapon while wearing a mask. We affirm the judgment without comment. However, because Hodierne was denied the opportunity to give his full statement to the court before he was sentenced, we reverse his sentence and remand for a new sentencing hearing.

Florida Rule of Criminal Procedure 3.720(b) provides that the sentencing court “shall entertain submissions and evidence by the parties that are relevant to the sentence.” The language of the rule is mandatory, Culbertson v. State, 306 So.2d…