Roderick D. DAVENPORT, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee.
WHATLEY, Judge.
Roderick D. Davenport challenges his convictions and sentences for two counts of selling cocaine within 1000 feet of a place of worship and two counts of possession of cocaine. We affirm his convictions without discussion. However, we reverse his sentences and remand for a new sentencing hearing.
We reverse Davenport's sentences because the trial court erred in refusing to allow Davenport the opportunity to present evidence and arguments during his sentencing hearing. Florida Rule of Criminal Procedure 3.720(b) provides that at a sentencing hearing, "[t]he court shall entertain submissions and evidence by the parties that are relevant to the sentence." Under this rule, Davenport was entitled to make a statement and present argument to the court. See State v. Scott,
Convictions affirmed, sentences reversed and remanded with directions.
THREADGILL, A.C.J., and SILBERMAN, J., concur.
