Reeder v. State

District Court of Appeal of Florida

Reeder v. State

840 So. 2d 437, 2003 Fla. App. LEXIS 3773, 2003 WL 1387102

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 2003

DocketNo. 1D02-2445

StatusPublished

This text of 840 So. 2d 437 (Reeder v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reeder v. State, 840 So. 2d 437, 2003 Fla. App. LEXIS 3773, 2003 WL 1387102 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

Appellant appeals a sentence of seventy-five months in the Department of Corrections imposed after he was re-sentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). Appellant claims the trial judge erred in re-sentencing him without the assistance of appointed counsel. We agree. When a defendant is re-sentenced pursuant to Heggs v. State, a de novo hearing is required. The defendant is entitled to be present at the hearing and to receive the assistance of counsel. Jenkins v. State, 816 So.2d 780 (Fla. 5th DCA 2002) (ruling that in re-sentencing proceedings, such as the one here, the defendant is entitled to a de novo hearing and the assistance of counsel).

Accordingly, we vacate Appellant’s sentence and remand for re-sentencing.

REVERSED AND REMANDED.

[438]*438VAN NORTWICK AND POLSTON, JJ„ and SMITH, LARRY G., Senior Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant appeals a sentence of seventy-five months in the Department of Corrections imposed after he was re-sentenced pursuant to Heggs v. State, 759 So.2d 620 (Fla.2000). Appellant claims the trial judge erred in re-sentencing him without the assistance of appointed counsel. We agree. When a defendant is re-sentenced pursuant to Heggs v. State, a de novo hearing is required. The defendant is entitled to be present at the hearing and to receive the assistance of counsel. Jenkins v. State, 816 So.2d 780 (Fla. 5th DCA 2002) (ruling that in re-sentencing proceedings, such as the one here, the defendant is entitled to a de novo hearing and the assistance of counsel).

Accordingly, we vacate Appellant’s sentence and remand for re-sentencing.

REVERSED AND REMANDED.

[438]*438VAN NORTWICK AND POLSTON, JJ„ and SMITH, LARRY G., Senior Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

840 So. 2d 437, 2003 Fla. App. LEXIS 3773, 2003 WL 1387102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reeder-v-state-fladistctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack