ANDRE C. JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a defendant resentenced pursuant to Heggs v. State is entitled to a de novo hearing and assistance of counsel.
Appellant filed a second motion to correct an illegal sentence after being resentenced following a prior successful motion. The trial court summarily …
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PALMER, J.
Andre Jenkins appeals the summary denial of his second 3.800(a) motion to correct an illegal sentence. See Fla. R.Crim.P. 3.800. We reverse.
Jenkins’ first 3.800(a) motion sought re-sentencing based on Heggs v. State, 759 So. 2d 620 (Fla.2000). For two of Jenkins’ three convictions, the trial court agreed that post-conviction relief was warranted and resentenced him to a term of 13.5 years incarceration on each count. Thereafter, Jenkins filed a second 3.800(a) motion claiming that his resentencing was illegal because he was not brought before the court for resentencing nor appointed counsel thereon. The trial court summarily denied the motion. Jenkins properly challenges this ruling as being incorrect.
When a defendant is resentenced pursuant to Heggs v. State, a de novo hearing is required and the defendant is entitled to be present at the hearing and to receive the assistance of counsel. See June v. State, 784 So. 2d 1257 (Fla. 5th DCA 2001) (holding that when defendant receives a resentencing hearing pursuant to a Heggs challenge, he or she is entitled to receive a de novo sentencing hearing with the full array of due process rights). See also St. Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001).
Sentences REVERSED and cause REMANDED for resentencing.
THOMPSON, C.J., and PLEUS, J., concur.
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Citator
Cited By
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Kermit W. Alexander v. State, 821 So. 2d 1270 (Fla. 5th DCA 2002)…earing. In that the State properly concedes that Alexander was entitled to be represented by counsel at his resentencing hearing, we reverse and remand for resentencing, at which time Alexander should be represented by counsel. See Jenkins v. State, 816 So. 2d 780 (Fla. 5th DCA 2002). The other issues presented by Alexander in his brief can be addressed at the resentencing hearing with the assistance of counsel. REVERSED and REMANDED. COBB and SHARP, W., JJ., concur.…
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Reeder v. State, 840 So. 2d 437 (Fla. 1st DCA 2003)…assistance of appointed counsel. We agree. When a defendant is re-sentenced pursuant to Heggs v. State, a de novo hearing is required. The defendant is entitled to be present at the hearing and to receive the assistance of counsel. Jenkins v. State, 816 So. 2d 780 (Fla. 5th DCA 2002) (ruling that in re-sentencing proceedings, such as the one here, the defendant is entitled to a de novo hearing and the assistance of counsel). Accordingly, we vacate Appellant’s sentence and remand for re-sentencing. REVERSE…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- ST. Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001)
- June v. State, 784 So. 2d 1257 (Fla. 5th DCA 2001)