Jordan v. State
Annotate this CaseDefendant was convicted of one count each of burglary with an assault or battery, a first-degree felony, and strong-arm robbery, a second-degree felony. The sentencing judge sentenced Defendant to concurrent life sentences for each conviction. Defendant subsequently filed a motion to correct an illegal sentence, alleging that a life sentence on the second-degree felony conviction was impermissible. The trial court granted the motion without holding a hearing and resentenced Defendant on the robbery count. Defendant appealed, arguing that he was entitled to be present at his resentencing. The Third District Court of Appeal affirmed. The Supreme Court held (1) resentencing Defendant in his absence was error because, under Fla. R. Crim. P. 3.180(a), Defendant was entitled to be present; but (2) the error was harmless because Defendant was serving a concurrent, true life sentence on another count, with no practical consequences.
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