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Morgan v. State

District Court of Appeal of Florida, Fifth District
Aug 31, 2007
963 So. 2d 930 (Fla. Dist. Ct. App. 2007)

Opinion

No. 5D07-493.

August 31, 2007.

Appeal from the Circuit Court for Hernando County, John W. Springstead, Judge.

Edward L. Morgan, Bushnell, pro se.

Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


Morgan appeals from an order of restitution rendered by the trial court. We reverse. The record reflects that

The trial court erroneously denied Morgan's request for appointed counsel. A criminal defendant is entitled to have counsel at sentencing proceedings. Carter v. State, 408 So.2d 766 (Fla. 5th DCA 1982). Sentencing proceedings include hearings in which the restitution amount is to be determined. See Long v. State, 876 So.2d 718 (Fla. 5th DCA 2004); Moore v. State, 868 So.2d 683 (Fla. 5th DCA 2004). The State is commended for its proper concession of error.

REVERSED and REMANDED.

GRIFFIN, ORFINGER and EVANDER, JJ., concur.


Summaries of

Morgan v. State

District Court of Appeal of Florida, Fifth District
Aug 31, 2007
963 So. 2d 930 (Fla. Dist. Ct. App. 2007)
Case details for

Morgan v. State

Case Details

Full title:Edward L. MORGAN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 31, 2007

Citations

963 So. 2d 930 (Fla. Dist. Ct. App. 2007)