November 23, 2016 - State Concedes Sentencing Error

November 23, 2016, the State of Florida, Office of the Attorney General, filed its Answer Brief conceding error in a sentencing appeal Mr. Kent filed for his client B.M.  Mr. Kent argued that his client was denied Due Process when the trial judge considered delay in pleading guilty in determining sentence.  The State further agreed with Mr. Kent's argument that the remedy for this error is that the sentence be vacated and the case be reassigned to a new judge for de novo resentencing.  The Court of Appeals is not required to accept the State's concession of error, but there is no reason to think the decision in fact will not be reversed.  It is anticipated that the resentencing may reduce the sentence from 15 years to 10 years or less.