KERMIT W. ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KERMIT W. ALEXANDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
821 So. 2d 1270
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
[*1271] PALMER, J.
Kermit Alexander appeals the sentence imposed upon him after he was resentenced pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000), arguing that it was error for him not to be represented by counsel at the resentencing hearing. 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dortch v. State, 137 So. 3d 1173 (Fla. 1st DCA 2014)…ion was violated at resentencing, the appellant is entitled to be resentenced in accordance with the stipulation. Any constitutional or other issues to which resentencing may give rise can be [*1178] dealt with in due course. See Alexander v. State, 821 So. 2d 1270, 1271 (Fla. 5th DCA 2002) (“The other issues presented by Alexander in his brief can be addressed at the resentencing hearing-”). See also State v. Mozo, 655 So. 2d 1115, 1117 (Fla.1995) (holding as a “settled principle of constitutional law” that c…
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Jenkins v. State, 816 So. 2d 780 (Fla. 5th DCA 2002)