Opinion

Walton v. State

  • 106 So. 3d 522
  • 2013 Fla. App. LEXIS 2109
  • 2013 WL 500386
Court
District Court of Appeal of Florida
Filed
Feb 12, 2013
Status
Published
Author
Benton
On the bench
Benton, Clark, Davis, Lewis, Makar, Marstiller, Nortwick, Padovano, Ray, Roberts, Rowe, Swanson, Thomas, Wetherell, Wolf
Cited by
61 cases

Abrogated implicitly by Ronald Williams v. State of Florida, 41 Fla. L. Weekly Supp. 73 (2016)

holding that a defendant need not be present at- resentencing if the error to be corrected is purely ministerial or clerical, and involves no exercise of the court’s discretion; ministerial or clerical corrections include changing the written sentence to conform to the oral pronouncement

How later courts described this case

  • holding that a defendant need not be present at- resentencing if the error to be corrected is purely ministerial or clerical, and involves no exercise of the court’s discretion; ministerial or clerical corrections include changing the written sentence to conform to the oral pronouncement
  • “[A] defendant need not be present at resentencing if the error to be corrected is ‘purely ministerial’ or clerical, and involves no exercise of the court’s discretion.”

Written by the judges who cited it.

Later courts went against this

  • Abrogated implicitly by Ronald Williams v. State of Florida, 41 Fla. L. Weekly Supp. 73 (2016)

    Id. at 993. Williams effectively abrogated Walton ’s holding that trial courts are authorized to “stack” mandatory minimum terms under the 10-20-Life statute even when the defendant did not discharge a firearm.
    Supreme Court of FloridaMar 3, 2016impliedmedium confidenceRead it

The opinion

BENTON, C.J.,

concurring in result.

I concur in the court’s judgment insofar as it affirms the appellant’s convictions. I agree that the sentences pronounced below must be reversed because the defendant was not present, and did not waive his right to be present, at sentencing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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