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McDonald v. State

District Court of Appeal of Florida, First District
Sep 20, 1996
679 So. 2d 1273 (Fla. Dist. Ct. App. 1996)
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Summary

holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion

Summary of this case from Bush v. State
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Opinion

No. 96-21.

September 20, 1996.

Appeal from the Circuit Court, Santa Rosa County, Kenneth Bell, J.

George Risdon McDonald, Wewahitchka, Pro Se.

Robert A. Butterworth, Attorney General, and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant challenges a sentence imposed after the court ordered resentencing pursuant to Florida Rule of Criminal Procedure 3.800 (a). The appellant had the right to be represented by counsel at this resentencing. Chestnut v. State, 578 So.2d 27 (Fla. 5th DCA 1991); see also State v. Scott, 439 So.2d 219 (Fla. 1983). Because the court did not comply with the appellant's request to be represented by counsel, the challenged sentence is vacated and the case is remanded for resentencing.

ALLEN, WEBSTER and LAWRENCE, JJ., concur.

Summaries of

McDonald v. State

District Court of Appeal of Florida, First District
Sep 20, 1996
679 So. 2d 1273 (Fla. Dist. Ct. App. 1996)

holding that defendant is entitled to counsel at resentencing after prevailing on post-conviction motion

Summary of this case from Bush v. State
Case details for

McDonald v. State

Case Details

Full title:GEORGE RISDON McDONALD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Sep 20, 1996

Citations

679 So. 2d 1273 (Fla. Dist. Ct. App. 1996)

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