Supreme Court of Florida
Tyrone Jordan v. State of Florida
April 10, 201439 Fla. L. Weekly Supp. 212
Summary
The Florida Supreme Court held that a defendant must be present at a resentencing hearing when the court has discretion over the new sentence, even if only one count is reduced and a longer concurrent sentence remains. The Court further found the error of proceeding without the defendant’s presence harmless because the defendant suffered no prejudice due to the concurrent life sentence. The decision affirms the lower court's result while rejecting its reasoning.