CASADO 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 JANUARY TERM, A.D. 2004 OMAR CASADO, Appellant, vs. THE STATE OF FLORIDA, Appellee. ** ** ** ** ** CASE NO. 3D03-7 LOWER TRIBUNAL CASE NO. F97-39362A ** Opinion filed June 9, 2004. An appeal from the Circuit Court of Miami-Dade County, Ronald C. Dresnick, Judge. Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee. Before COPE, GERSTEN, and FLETCHER, JJ. CONFESSION OF ERROR PER CURIAM. Upon the state s proper confession of error we reverse the sentence imposed and remand for resentencing as the trial court violated Rule 3.720(b), Florida Rules of Criminal Procedure.1 On remand the trial court shall afford Casado the benefits of the rule. The defendant, of course, shall be present at resentencing. We reject contention. Casado s self-defense or defense of others See State v. James, 867 So. 2d 414 (Fla. 3d DCA 2003). Casado s sentence is reversed and remanded. The cause is otherwise affirmed. 1 Which reads: The court shall entertain submissions and evidence by the parties that are relevant to the sentence. 2

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