K. SMITH V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 KEITH L. SMITH, ** Appellant, vs. ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D01-567 ** LOWER TRIBUNAL NO. 96-30706 ** Opinion filed August 22, 2001. An appeal under Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Dade County, Leon M. Firtel, Judge. Keith L. Smith, in proper person. Robert A. Butterworth, Attorney General, and Darien M. Doe, Assistant Attorney General, for appellee. Before COPE and GERSTEN, JJ., and NESBITT, Senior Judge. PER CURIAM. Keith L. Smith was sentenced as a violent career criminal. The statute was held unconstitutional relevant to the defendant s crime date. for the time period See Salters v. State, 758 So. 2d 667 (Fla. 2000). Defendant-appellant Smith filed a motion for postconviction relief which the trial court granted. defendant as a habitual offender. The court resentenced the Neither the defendant nor counsel was present for the resentencing. On this appeal, the State concedes that the defendant was entitled to be present at the resentencing. 745 So. 2d 341 (Fla. 3d DCA 1999). reverse the order now under review Upon that concession, we and sentencing hearing. Reversed and remanded for resentencing. 2 Taylor v. State, remand for a new

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