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.