Branton v. State

Full title: Donald BRANTON, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Sep 14, 2012

97 So. 3d 321 (Fla. Dist. Ct. App. 2012)

Opinion

No. 5D11–4584.

2012-09-14

Donald BRANTON, Appellant, v. STATE of Florida, Appellee.

3.800 Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge. James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

3.800 Appeal from the Circuit Court for Lake County, Don F. Briggs, Judge.

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Based on the State's confession of error, we reverse and remand for resentencing. Branton is entitled to the appointment of conflict-free counsel at the resentencing hearing. See Fletcher v. State, 890 So.2d 1167 (Fla. 5th DCA 2004).

REVERSED and REMANDED.

EVANDER, COHEN and JACOBUS, JJ., concur.