Summary
holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion
Summary of this case from Bush v. StateOpinion
No. 96-21.
September 20, 1996.
Appeal from the Circuit Court, Santa Rosa County, Kenneth Bell, J.
George Risdon McDonald, Wewahitchka, Pro Se.
Robert A. Butterworth, Attorney General, and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.
The appellant challenges a sentence imposed after the court ordered resentencing pursuant to Florida Rule of Criminal Procedure 3.800 (a). The appellant had the right to be represented by counsel at this resentencing. Chestnut v. State, 578 So.2d 27 (Fla. 5th DCA 1991); see also State v. Scott, 439 So.2d 219 (Fla. 1983). Because the court did not comply with the appellant's request to be represented by counsel, the challenged sentence is vacated and the case is remanded for resentencing.
ALLEN, WEBSTER and LAWRENCE, JJ., concur.