ERNEST LEE VEAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2005-03-16
No. 3D03-3232
Before GREEN, CORTINAS, and ROTHENBERG, JJ.
895 So. 2d 1280 Florida District Court of Appeal, Third District (2005)

Opinion of the Court
PER CURIAM.

PER CURIAM.

Pursuant to the state’s proper confession of error, we reverse the order denying defendant’s motion for post-conviction relief to vacate his sentence. As the state correctly asserts, the trial court erred in denying defendant’s request for the assistance of counsel at resentencing, see, e.g., 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.


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