RALPH BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*153] COWART, Judge.
The record on appeal shows that the defendant was not represented by counsel at sentencing. The record fails to affirmatively show that the trial judge offered the defendant the assistance of counsel at this critical state1 of the criminal proceedings. See Sayers v. State, 423 So. 2d 985 (Fla. 3d DCA 1982); Carter v. State, 408 So. 2d 766 (Fla. 5th DCA 1982); Fla.R.Crim.P. 3.160(e), 3.111(d)(5).
The sentence is vacated and the cause remanded for resentencing at which the defendant shall either have counsel or properly waive his right to counsel.
REVERSED and REMANDED.
DAUKSCH and UPCHURCH, JJ., concur. . Assistance of counsel is guaranteed at every critical stage of criminal proceedings. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); Anderson v. State, 420 So. 2d 574 (Fla.1982).
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Citator
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Hodas v. State, 603 So. 2d 21 (Fla. 4th DCA 1992)…ution is a part of sentencing, D.T. v. State, 477 So. 2d 1086 (Fla. 4th DCA 1985), and the assistance of counsel is required at this critical stage of the criminal proceedings. Bowman v. State, 550 So. 2d 544 (Fla. 4th DCA 1989); and Brown v. State, 479 So. 2d 152 (Fla. 5th DCA 1985). In any event, the record fails to affirmatively show that the trial court offered Hodas assistance of counsel. We therefore [*22] reverse the order of restitution and remand for a new hearing wherein Hodas will be afforded couns…
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Hall v. State, 495 So. 2d 194 (Fla. 5th DCA 1986)…DCA 1985) we reversed the sentence because the reasons for departure from the recommended sentence were not stated in writing and impermissi-bly relied on prior convictions. . Sentencing is a critical stage of the criminal process. Brown v. State, 479 So. 2d 152 (Fla. 5th DCA 1985).…
Authorities Cited
- United States v. Wade, 388 U.S. 218 (U.S. 1967)
- Anderson v. State, 420 So. 2d 574 (Fla. 1982)
- Carter v. State, 408 So. 2d 766 (Fla. 5th DCA 1982)
- Sayers v. State, 423 So. 2d 985 (Fla. 3d DCA 1982)