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DOUGHERTY v. STATE

No. 4D00-2255.

785 So.2d 1221 (2001)

Michael DOUGHERTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 16, 2001.

Attorney(s) appearing for the Case

Michael Dougherty, Jasper, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.

WARNER, C.J.

Within appellant's challenge to his resentencing pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), he alleges that he was harmed by the absence of a new sentencing hearing, as he was unable to appear and be heard with respect to his sentence. Because a defendant has a right to be present at a resentencing that is more than a ministerial act, we reverse.

Appellant filed a motion to correct an illegal...

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