Amended Sentence Questions

[lapvelchak0204]

Jurisdiction

Florida

When a death sentence is vacated and the case sent down to the lower court for resentencing is there a Change of Plea notice put in before the sentence is amended? Even though the conviction was not overturned.

Also, does the prisoner have to be physically present at the resentencing?

 

[army judge]

When a death sentence is vacated and the case sent down to the lower court for resentencing is there a Change of Plea notice put in before the sentence is amended? Even though the conviction was not overturned.

Also, does the prisoner have to be physically present at the resentencing?

The person might be in attendance, but the sentencing could be done remotely using electronic telecommunications for security purposes, or simply to avoid transporting the person.

However, only the presiding judge, working with prison officials and the person's lawyer know for sure and none will say.

As far as change in plea, that's not involved. The higher court didn't order a new trial, the matter was simply remanded to the trial court for a sentence change. Essentially it'll be life instead of death.

 

[lapvelchak0204]

Thank you Army Judge for your quick reply.

The resentencing was definitely not done in person as prisoner never left the prison. At the time anything electronic would not have been available; it was 1985.

It's a strange old case. There are lots of strange old cases in Florida from the 70's and 80's.

 

[army judge]

Thank you Army Judge for your quick reply.

The resentencing was definitely not done in person as prisoner never left the prison. At the time anything electronic would not have been available; it was 1985.

It's a strange old case. There are lots of strange old cases in Florida from the 70's and 80's.

In some of those cases, and today, a judge might simply reevaluate the evidence in chambers, then write a decision. The defendant's lawyer may have waived his or her appearance.

You're right, older cases can be very amusing reading.
I especially enjoy reading the English King's court decisions from the 16th and 17th centuries, as well as early colonial and US based court decisions from the late 18th and early 19th centuries.