Ms. Jackson was convicted of aggravated battery with a deadly weapon and sentenced to five years in prison. On appeal, she argued the trial judge violated her constitutional due process rights by hearing the victim testify about the impact of the crime for purposes of sentencing when Ms. Jackson's lawyer was not present. The Second District Court of Appeal upheld the sentence, finding that the error was not properly preserved for appeal. The 2nd DCA also certified conflict with a decision by the First District Court of Appeal, which held that the lack of legal representation during sentencing is a fundamental error that can be considered on direct appeal even though unpreserved.