Bush v. State

District Court of Appeal of Florida

Bush v. State

843 So. 2d 1025, 2003 Fla. App. LEXIS 6535, 2003 WL 21002454

District Court of Appeal of Florida·Decided May 6, 2003·No. No. 1D02-0355·Published·Cited by 1 cases

Opinion

WOLF, J.

Appellant raises two issues on appeal: I) Whether the trial court erred in resentenc-ing appellant pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), without counsel, and II) Whether the conviction in count III for retaliating against a witness could be properly enhanced for use of a firearm when use of a firearm was not alleged in the information. We determine that appellant is correct as to issue I and remand for resentencing. See McDonald v. State, 679 So.2d 1273 (Fla. 1st DCA 1996) (holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion). We decline to address issue II, as it was not raised in the trial court.

BARFIELD and DAVIS, JJ., concur.

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WOLF, J.

Appellant raises two issues on appeal: I) Whether the trial court erred in resentenc-ing appellant pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000), without counsel, and II) Whether the conviction in count III for retaliating against a witness could be properly enhanced for use of a firearm when use of a firearm was not alleged in the information. We determine that appellant is correct as to issue I and remand for resentencing. See McDonald v. State, 679 So.2d 1273 (Fla. 1st DCA 1996) (holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion). We decline to address issue II, as it was not raised in the trial court.

BARFIELD and DAVIS, JJ., concur.

Bush v. State, 843 So. 2d 1025, 2003 Fla. App. LEXIS 6535, 2003 WL 21002454 (Fla. Ct. App. 2003).

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Opinion

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