WILLIAM LAINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We reverse appellant’s conviction because there was insufficient evidence that it was appellant who committed the crime. See Pagan v. State, 830 So. 2d 792, 803 (Fla.2002)(ruling that “if the State’s evidence is wholly circumstantial, not only must there be sufficient evidence establishing each element of the offense, but the evidence must also exclude the defendant’s reasonable hypothesis of innocence”). Accordingly, we remand with directions that the trial court vacate the judgment of conviction and order placing appellant on probation and enter a judgment of acquittal. See Hubbard v. State, 828 So. 2d 494 (Fla. 1st DCA 2002).
REVERSED and REMANDED, with directions.
DAVIS, BROWNING and POLSTON, JJ., concur.
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Jackson v. State, 983 So. 2d 562 (Fla. 2008)…istrict Court of Appeal has held that the denial of counsel at resentencing is “not a sentencing error, but rather a due process error” that may be raised for the first time on [*566] appeal and reviewed for fundamental error. See Gonzalez v. State, 838 So. 2d 1242, 1243 (Fla. 1st DCA 2003). In the opinion we review, the Second District Court of Appeal disagreed, concluding that a claim that the “lack of representation at sentencing violates due process is a claim of sentencing error and therefore should have…1 / 4
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Wilson v. State, 947 So. 2d 1225 (Fla. 1st DCA 2007)…laims for relief. After a hearing the appellant was resentenced to consecutive terms of imprisonment totaling forty years. A resentencing is a de novo proceeding to which “the full panoply of due process considerations attaches.” Gonzalez v. State, 838 So. 2d 1242 (Fla. 1st DCA 2003). As such, a defendant is entitled to representation of counsel at this “critical stage” of the proceedings. Id.; Sandoval, 884 So. 2d at 215. When a defendant makes clear his desire to represent himself at a critical stage, the t…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pagan v. State, 830 So. 2d 792 (Fla. 2002)
- Hubbard v. State, 828 So. 2d 494 (Fla. 1st DCA 2002)