Brian A. Gomes v. State

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED BRIAN ANTHONY GOMES, Appellant, v. Case No. 5D14-3867 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed June 5, 2015 Appeal from the Circuit Court for Hernando County, Daniel B. Merritt, Jr., Judge. Brian Anthony Gomes, Lowell, pro se. Pamela Jo Bondi, Attorney General, and Samuel Perrone, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Brian Gomes seeks review of the sentences imposed on October 14, 2014 after he was resentenced pursuant to a successful Florida Rule of Criminal Procedure 3.800(a) motion. As a result of an apparent oversight by the trial court, the new sentencing order fails to award Gomes credit for time served on Count II in case number 2011-CF-632 and Count II in case number 2011-CF-633. On remand, the trial court is directed to remedy these omissions.1 Gomes also argues that his presence was required at resentencing. Under the facts of this case, any error was harmless. See Jordan v. State, 143 So. 3d 335, 340 (Fla. 2014) (recognizing that defendant’s absence from resentencing proceeding was harmless as defendant was serving longer sentences on counts not subject to resentencing and thus suffered no practical consequence as result of being resentenced in his absence). AFFIRMED; REMANDED for trial court to correct sentencing order omissions. PALMER, EVANDER and EDWARDS, JJ., concur. 1 These ministerial sentence corrections do not require Gomes’ presence. Larkins v. State, 159 So. 3d 386 (Fla. 4th DCA 2015). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.