VERNON L. JORDAN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
VERNON L. JORDAN, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
853 So. 2d 558
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Vernon Jordan (“defendant”) appeals an order resentencing him, on the ground that he was sentenced without counsel present. The state properly concedes that the resentencing of the defendant without the benefit of counsel was error. See Spivey v. State, 829 So. 2d 386 (Fla. 3d DCA 2002); Smith v. State, 820 So. 2d 1052 (Fla. 3d DCA 2002). Accordingly, we remand this case for resentencing, at which time the defendant will present and represented by the Public Defender. Reversed and remanded for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sanchez v. State, 866 So. 2d 218 (Fla. 3d DCA 2004)…R CURIAM. Based on the State’s proper confession of error, we reverse and remand for resen-tencing as the defendant had a right to be present and represented by counsel at his resentencing following his successful 3.850 challenge. Jordan v. State, 853 So. 2d 558 (Fla. 3d DCA 2003); Barcelo v. State, 774 So. 2d 895 (Fla. 4th DCA 2001). The remaining point raised by the defendant lacks merit. [*219] Reversed and remanded for resentenc-ing.…
Authorities Cited
- Smith v. State, 820 So. 2d 1052 (Fla. 3d DCA 2002)
- Spivey v. State, 829 So. 2d 386 (Fla. 3d DCA 2002)