THOMAS PERRY WELLS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WHATLEY, Acting Chief Judge.
Thomas Perry Wells, Jr., appeals the sentence imposed following his successful motion for postconviction relief. The trial court granted his motion for postconviction relief after finding that Wells was sentenced pursuant to an incorrect scoresheet upon a violation of probation, and it ordered a resentencing hearing. We reverse because Wells was not afforded counsel at resentencing.
An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for postcon-viction relief. Petkus v. State, 702 So. 2d 590 (Fla. 2d DCA 1997); Behrman v. State, 696 So. 2d 811 (Fla. 2d DCA 1997); State v. Scott, 439 So. 2d 219 (Fla.1983). Accordingly, we reverse and remand for resentencing again after Wells is afforded or waives counsel. See Behrman.
Reversed and remanded for resentencing.
GREEN, J., and DANAHY, PAUL W., (Senior) Judge, Concur.
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Nickerson v. State, 927 So. 2d 114 (Fla. 2d DCA 2006)…838 So. 2d 1242, 1243 (Fla. 1st DCA 2003) (citing State v. Scott, 439 So. 2d 219, 220 (Fla.1983)). Those considerations include the right to be represented by counsel. McGough v. State, 876 So. 2d 26, 26 (Fla. 1st DCA 2004); see also Wells v. State, 789 So. 2d 1092, 1093 (Fla. 2d DCA 2001) (stating, “An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for postconviction relief.”). Even if — as the order granting Mr. Nickerson’s motion suggested — he was…
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Mahone v. State, 39 So. 3d 1278 (Fla. 5th DCA 2010)…ction 27.52(1). In this case, Mahone specifically sought appointment of counsel as part of his request for resentencing. An indigent defendant is entitled to appointed counsel at resentencing after prevailing on a rule 3.800 motion. Wells v. State, 789 So. 2d 1092, 1093 (Fla. 2d DCA 2001). Additionally, the resentencing order and trial court minutes are devoid of a Faretta inquiry. This is required before proceeding to re-sentencing without the benefit of counsel. See Chestnut v. State, 578 So. 2d 27, 28 (Fl…
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Daly v. State, 940 So. 2d 532 (Fla. 2d DCA 2006)…ndant has the right to the assistance of counsel at a resentencing hearing when the original sentencing error was a judicial error rather than a clerical error. See Nickerson v. State, 927 So. 2d 114, 117 (Fla. 2d DCA 2006); see also Wells v. State, 789 So. 2d 1092, 1093 (Fla. 2d DCA 2001) (“An indigent prisoner is entitled to the appointment of counsel at resentencing following a successful motion for postconviction relief.”). Here, the postconviction court granted relief based on a judicial error in sentenci…
Authorities Cited
- State v. Scott, 439 So. 2d 219 (Fla. 1983)
- Behrman v. State, 696 So. 2d 811 (Fla. 2d DCA 1997)
- Petkus v. State, 702 So. 2d 590 (Fla. 2d DCA 1997)
- Lyshon v. Constas, 702 So. 2d 590 (Fla. 4th DCA 1997)