Veal v. State

District Court of Appeal of Florida

Veal v. State

895 So. 2d 1280, 2005 Fla. App. LEXIS 3568, 2005 WL 602686

District Court of Appeal of Florida·Decided March 16, 2005·No. No. 3D03-3232·Published

Opinion

CONFESSION OF ERROR

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., [1281] 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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CONFESSION OF ERROR

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., [1281] 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.

Veal v. State, 895 So. 2d 1280, 2005 Fla. App. LEXIS 3568, 2005 WL 602686 (Fla. Ct. App. 2005).

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Opinion

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