Orta v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant is not constitutionally entitled to be present at resentencing where the resentencing is only a ministerial act to correct a prior sentence
• concluding that resentencing on a recalculated scoresheet is not a “ministerial act,” and, thus, the defendant had the right to be present
• holding that a defendant is not constitutionally entitled to be present at resentencing where the resentencing is only a ministerial act to correct a prior sentence
• holding that any error in denying a defendant her or his right to be present at a critical stage or any proceeding is fundamental error, except in resentencing cases where only the “ministerial act” of sentence correction is required
• “Although the trial court originally pronounced its intention to sentence the defendant to ‘the bottom of the guidelines,’ it was not obligated to do so.”
• “Although the trial court originally pronounced its intention to sentence the defendant to ‘the bottom of the guidelines,’ it was not obligated to do so.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

20 cases in this archive cite this case.

• Walton v. State
  District Court of Appeal of Florida· 2013-02-12· cited 63×
• Jordan v. State
  Supreme Court of Florida· 2014-04-10· cited 45×
• Estremera v. State
  District Court of Appeal of Florida· 2013-02-15· cited 11×
• Rivers v. State
  District Court of Appeal of Florida· 2008-05-02· cited 6×
• Blair v. State
  District Court of Appeal of Florida· 2009-12-04· cited 5×
• Jordan v. State
  District Court of Appeal of Florida· 2012-02-29· cited 4×
• B.L.S. v. State
  District Court of Appeal of Florida· 2009-06-05· cited 2×
• BLS v. State
  District Court of Appeal of Florida· 2009-06-05
• De La Rosa v. State
  District Court of Appeal of Florida· 2010-07-21
• Tyrone Jordan v. State of Florida
  Supreme Court of Florida· 2014-04-10
• RICARLO A. BETTY v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2017-12-20
• ANTHONY MCMILLAN v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2018-09-05
• JAMYLIN JAMON'E BROWN v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2022-01-12
• JAMYLIN JAMON'E BROWN v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2022-03-09
• Brown v. State
  District Court of Appeal of Florida· 2007-04-11
• Colby McCoggle v. State of Florida
  District Court of Appeal of Florida· 2024-04-10
• SEAY v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2024-05-10
• Christopher March Renick v. State of Florida
  District Court of Appeal of Florida· 2025-04-17
• Christopher March Renick v. State of Florida
  District Court of Appeal of Florida· 2025-06-27
• Mark Derefaka v. State of Florida
  District Court of Appeal of Florida· 2025-08-13

Cites

5 cases in this archive are cited by this case.

• Phillips v. State
  Supreme Court of Florida· 1997-09-25· cited 24×
• Dougherty v. State
  District Court of Appeal of Florida· 2001-05-16· cited 21×
• Frost v. State
  District Court of Appeal of Florida· 2000-09-21· cited 17×
• Williams v. State
  District Court of Appeal of Florida· 1997-08-06· cited 11×
• Roy v. State
  District Court of Appeal of Florida· 1998-06-15· cited 6×