ANDREW PRESTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Court granted belated appeal and reversed sentence where defendant was unrepresented at resentencing hearing, a critical stage requiring counsel.
A defendant has the right to counsel at a resentencing hearing, and deprivation of that right warrants reversal and remand for new sentencing.
[1] A resentencing hearing is a critical stage of criminal proceedings at which a defendant has the constitutional right to assistance of counsel.
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Join FLexlaw to unlock all legal intelligenceAndrew Preston sought a belated appeal of his sentence from a July 30, 2010 resentencing hearing at which he was not represented by counsel.…
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Petitioner, Andrew Preston, seeks a belated appeal of his sentence entered at his July 30, 2010, resentencing hearing. See Fla. R.App. P. 9.141(c).
Petitioner claims that he was not represented at the hearing, and that as a result of this lack of representation, he was deprived of the advice of counsel regarding his right to appeal. Because the State does not dispute Petitioner’s assertion that counsel did not appear at the resentencing hearing, we grant the instant petition. See Rosado v. State, 864 So.2d 533, 534 (Fla. 5th DCA 2004) (“After reviewing the petition, and the state’s response, we find the state has no ‘good faith basis’ to request an evidentiary hearing.”). Furthermore, a re-sentencing hearing is a critical stage in criminal proceedings at which Petitioner has the right to assistance of counsel. See Jones v. State, 35 So.3d 69 (Fla. 1st DCA 2010); Davis v. State, 800 So.2d 336 (Fla. 4th DCA 2001). Because counsel was not present, we elect to grant Petitioner a belated appeal, summarily reverse the trial court’s sentencing order, and remand the matter for a new sentencing hearing. Petitioner shall be represented by counsel at resentencing. Under the circumstances of this case, further review of Petitioner’s resentencing order would constitute an unnecessary waste of judicial resources.
PETITION GRANTED; REVERSED AND REMANDED.
GRIFFIN and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Davis v. State, 800 So. 2d 336 (Fla. 4th DCA 2001)
- Jones v. State, 35 So. 3d 69 (Fla. 1st DCA 2010)
- Merced Rosado v. State, 864 So. 2d 533 (Fla. 5th DCA 2004)