WILLIAM STIRLING, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
WILLIAM STIRLING, PETITIONER,
STATE OF FLORIDA, RESPONDENT
39 So. 3d 1278
Florida District Court of Appeal, Fifth District (2010)
Positive Treatment
Cited by 1 case
Opinion of the Court
The petition for belated appeal is granted. Therefore, the notice of appeal from the judgment and sentence in Case No. 2008-CF-2003, in the Circuit Court in and for Lake County, Florida, filed in Case No. 5D10-2151, shall proceed as timely filed. See Fla. R.App. P. 9.141(c)(5)(D).
PALMER, TORPY and COHEN JJ., concur.
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Frison v. State, 76 So. 3d 1103 (Fla. 5th DCA 2011)…ss considerations attach, including the appointment of counsel.” Payne v. State, 38 So. 3d 827, 828 (Fla. 1st DCA 2010). An indigent defendant is entitled to appointed counsel at resentencing after prevailing on a rule 3.800 motion. Mahone v. State, 39 So. 3d 1278 (Fla. 5th DCA 2010). The State acknowledges that a defendant is entitled to counsel at a resentenc-ing hearing, even when a rule 3.800(a) motion is granted. However, the State asserts that this is not required when the trial court is merely conduct…