MIGUEL SANCHEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2004-02-25
No. 3D03-1126
Before GODERICH, FLETCHER, and SHEPHERD, JJ.
866 So. 2d 218 Florida District Court of Appeal, Third District (2004)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Based on the State’s proper confession of error, we reverse and remand for resentencing 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. Reversed and remanded for resentencing.


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