Veal v. State

Full title: Ernest Lee VEAL, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 16, 2005

895 So. 2d 1280 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D03-3232.

March 16, 2005.

An appeal under Fla.R.App.P. 9.140(i) from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge.

Bennett H. Brummer, Public Defender and Billie Jan Goldstein, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before GREEN, CORTINAS, and ROTHENBERG, JJ.

CONFESSION OF ERROR

PER CURIAM.

Pursuant to the state's proper confession of error, we reverse the order denying defendant's motion for post-conviction relief to vacate his sentence. As the state correctly asserts, the trial court erred in denying defendant's request for the assistance of counsel at resentencing, see, e.g., Sanchez v. State, 866 So.2d 218 (Fla. 3d DCA 2004), and on the appeal therefrom. Vaughn v. State, 888 So.2d 679 (Fla. 3d DCA 2004); Libretti v. State, 854 So.2d 804 (Fla. 2d DCA 2003). The trial court shall vacate defendant's sentence and appoint counsel to represent defendant on resentencing.

Reversed and remanded.