Opinion
Case No. 3D01-3547.
Opinion filed September 3, 2003.
An Appeal under Fla.R.App.P. 9.141(b)(3) from the Circuit Court for Miami-Dade County, Rosa Rodriguez, Judge. Lower Tribunal No. 96-13156b.
Vernon L. Jordan, in proper person.
Charles J. Crist, Jr., Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.
Before COPE, GERSTEN, and GREEN, JJ.
Vernon Jordan ("defendant") appeals an order resentencing him, on the ground that he was sentenced without counsel present. The state properly concedes that the resentencing of the defendant without the benefit of counsel was error. See Spivey v. State, 829 So.2d 386 (Fla. 3d DCA 2002); Smith v. State, 820 So.2d 1052 (Fla. 3d DCA 2002).
Accordingly, we remand this case for resentencing, at which time the defendant will present and represented by the Public Defender.
Reversed and remanded for resentencing.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.