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Jones v. State

Florida Court of Appeals, First District

May 6, 2010

Franklin L. JONES, Appellant,
v.
STATE of Florida, Appellee.

An appeal from the Circuit Court for Madison County. James Roy Bean, Judge.

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Page 70

Franklin L. Jones, pro se, Appellant.

Bill McCollum, Attorney General, and Bryan Jordan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this Anders [1] case, the appellant challenges the sentence imposed after his rule 3.800(a) motion was granted in part and he was resentenced. We reverse and remand.

The record reveals that when the trial court resentenced the appellant he was not represented by counsel. A resentencing is a de novo proceeding to which " the full panoply of due process considerations attaches." Gonzalez v. State, 838 So.2d 1242 (Fla. 1st DCA 2003). As such, the defendant was entitled to representation of counsel at this critical stage of the proceedings. Id.; Sandoval v. State, 884 So.2d 214 (Fla. 2d DCA 2004). Here, there is no waiver of counsel in the record,[2] and therefore, the trial court erred when it failed to appoint counsel for the re-sentencing hearing. Gonzalez, 838 So.2d at 1243. Such an error is never harmless and need not be preserved. Id. The state concedes that the appellant is entitled to be resentenced.

Accordingly, we vacate the appellant's sentence and remand for resentencing ...


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