801 So. 2d 301 | Fla. Dist. Ct. App. | 2001
Bernetta Williams challenges the sentence imposed after she was resentenced
Once a circuit court determines that resentencing is appropriate, a defendant is entitled to a de novo sentencing hearing with the full array of due process rights. This rule applies to a Heggs resen-tencing. Webb v. State, 26 Fla. L. Weekly D2198, — So.2d-, 2001 WL 1040754 (Fla. 2d DCA Sept.12, 2001); see also St. Lawrence v. State, 785 So.2d 728 (Fla. 5th DCA 2001). Williams was entitled to present relevant sentencing evidence for the court’s consideration. Webb. Because the court rejected her arguments without hearing evidence, we reverse and remand for a new sentencing hearing.
Reversed and remanded.