ANTHONY ROBERT LIBRETTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Anthony Libretti appeals the trial court’s order denying his motion for appointment of appellate counsel. In its order, the trial court denied Libretti’s motion for appointment of counsel, citing Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001). However, Rowe addressed the right to appellate counsel in postcon-viction appeals; Libretti is appealing his resentencing, not a postconviction motion. An absolute right to counsel attaches for the appeal of a judgment and sentence. See Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963). We therefore reverse the order of the trial court. Because Libretti was found indigent by the trial court on June 12, 2003, we remand for the appointment of appellate counsel.
Reversed and remanded.
CASANUEVA, DAVIS, and SILBERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Vaughn v. State, 888 So. 2d 679 (Fla. 3d DCA 2004)…Trowell at 81. We therefore grant Vaughn’s motion for belated direct appeal from conviction and sentence, and order appointment of the public defender to review the file and to brief the meritorious issues, if any. Walker at 343; Libretti v. State, 854 So. 2d 804 (Fla. 2d DCA 2003)(absolute right to counsel attaches for an appeal of judgment and sentence). This opinion shall serve as a timely notice of appeal from the judgment and sentence. The circuit court clerk shall promptly certify this opinion and ret…
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Mahone v. State, 39 So. 3d 1278 (Fla. 5th DCA 2010)…ng resentencing, apparently still without the required application for determination of indigency status, the trial court found Mahone insolvent for purposes of appeal, yet refused to appoint counsel. The State concedes error. See Libretti v. State, 854 So. 2d 804, 804 (Fla. 2d DCA 2003). This is not a case where the record reflects a waiver of counsel or a refusal to complete the required affidavits of insolvency. Accordingly, we reverse and remand for a new sentencing hearing. REVERSED AND REMANDED. ORFIN…
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Veal v. State, 895 So. 2d 1280 (Fla. 3d DCA 2005)…in denying defendant’s request for the assistance of counsel at resentencing, see, e.g., [*1281] Sanchez v. State, 866 So. 2d 218 (Fla. 3d DCA 2004), and on the appeal therefrom. Vaughn v. State, 888 So. 2d 679 (Fla. 3d DCA 2004); Libretti v. State, 854 So. 2d 804 (Fla. 2d DCA 2003). The trial court shall vacate defendant’s sentence and appoint counsel to represent defendant on resentencing. Reversed and remanded.…
Authorities Cited
- Douglas v. California, 372 U.S. 353 (U.S. 1963)
- Rowe v. State, 777 So. 2d 1088 (Fla. 2d DCA 2001)