Public-domain · open source
OpenJurist

873 So. 2d 558

Docket No. 1D03-3295.

Johnson v. State

Donald L. JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2004-05-21

Cited by 12 later decisions — most recently April 2019

12 state decisions

Relies on Abusaid v. Polefrone · 652 So. 2d 1275 - Beecham v. State · Whitlow v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-05-21

View the full empirical analysis of this case →

¶1Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4The trial court erred in failing to give appellant, Donald Johnson, the opportunity to present evidence or submissions relevant to sentencing before imposing sentence, pursuant to Florida Rule of Criminal Procedure 3.720(b). Whitlow v. State,732 So.2d 441 (Fla. 1st DCA 1999); Ventura v. State,741 So.2d 1187 (Fla. 3d DCA 1999); Beecham v. State,652 So.2d 1275 (Fla. 3d DCA 1995). The state concedes error. We reject Johnson's contention that he must be resentenced before a different judge. There has been no allegation or showing of bias by the trial judge.

¶5REVERSED and REMANDED for further proceedings.

¶6ERVIN, BENTON and LEWIS, JJ., concur.

/873/so2d/558 · .json · Public domain