Brice v. State

Full title: DWAIN JOHN BRICE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Nov 8, 2000

770 So. 2d 740 (Fla. Dist. Ct. App. 2000)

Opinion

No. 4D00-2039.

Opinion filed November 8, 2000.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Hubert R. Lindsey, Judge; L.T. Case No. 96-4791 CFB02.

Reversed.

Dwain John Brice, Milton, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

Polen, J.

Appellant appeals from an order amending his sentence entered after he successfully moved for post-conviction relief under Rule of Criminal Procedure 3.850. The state concedes that the trial court erred by re-sentencing him in absentia. See State v. Scott, 439 So.2d 219 (Fla. 1983). We, therefore, reverse and remand for re-sentencing.

Farmer and Klein, JJ., concur.