Waldo v. State

District Court of Appeal of Florida

Decided April 25, 2001

District Court of Appeal of Florida · decided 2001-04-25

Cited by 1 later decisions — most recently November 2003

1 state decisions

Key passage — most relied on by later courts

“Re-sentencing is a critical stage in which a defendant has the right to be present and has the right to have the assistance of counsel.”

quoted by 1 later decision, including 858 So. 2d 1222 - Duhart v. State

Relies on 578 So. 2d 27 - Chestnut v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-04-25

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¶1CONFESSION OF ERROR

PER CURIAM.

¶2The 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, 111 So.2d 1167 (Fla. 3d DCA 2001). Accordingly, we vacate the sentences and remand for resen-tencing.

¶3Reversed and remanded for resentenc-ing.