Waldo v. State

Full title: LARRY WALDO, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Apr 25, 2001

781 So. 2d 1198 (Fla. Dist. Ct. App. 2001)

Opinion

No. 3D00-3012.

Opinion filed April 25, 2001.

An Appeal from the Circuit Court for Dade County, Ellen Leesfield, Judge. Lower Tribunal Nos. 97-3482, 97-2827.

Reversed and Remanded for resentencing.

Bennett Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellants.

Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before Cope, Gersten, and Shevin, JJ.

CONFESSION OF ERROR

PER CURIAM.

The State correctly concedes that the trial court erred in failing to appoint counsel to represent defendant, Larry Waldo, at his resentencing hearing. Resentencing is a critical stage in which a defendant has the right to be present and has the right to have the assistance of counsel.See Chestnut v. State, 578 So.2d 27 (Fla. 5th DCA 1991); Woodson v. State, 26 Fla. L. Weekly D458 (Fla. 3d DCA 2001). Accordingly, we vacate the sentences and remand for resentencing.