Lincoln Granatino v. State of Florida

Annotate this Case
Download PDF
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 LINCOLN GRANATINO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D06-240 [ September 26, 2007 ] PER CURIAM. We affirm the judgment of conviction in this case but remand for de novo resentencing. At the original sentencing, the trial court believed that appellant was being sentenced for a second-degree felony punishable by up to fifteen years in prison. He was sentenced to five years in prison followed by ten years of probation. In fact, the crime for which appellant was convicted was a third-degree felony punishable by a maximum of five years in prison. When the error was discovered, the trial court struck the ten-year probationary portion of its split sentence without holding a resentencing hearing. The trial court reversibly erred in failing to hold a de novo resentencing under these circumstances. See Galindez v. State, 955 So. 2d 517, 525 (Fla. 2007) (Justice Cantero concurring specially and explaining the principle of de novo resentencing). Appellant was entitled to a fair opportunity to be heard at a sentencing hearing where the court and counsel are properly apprised of the degree of the offense to be punished and where defendant is afforded the full panoply of procedural protections. See State v. Scott, 439 So. 2d 219, 220 (Fla. 1983). POLEN, TAYLOR and HAZOURI, JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312005CF000031A. Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant. Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing -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.