Sanchez v. State

Full title: MIGUEL SANCHEZ, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 25, 2004

866 So. 2d 218 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-1126.

Opinion filed February 25, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Leonard E. Glick, Judge, Lower Tribunal No. 96-30303.

Miguel Sanchez, in proper person.

Charles J. Crist, Jr., Attorney General, and Melissa Vaughan Rubin, Assistant Attorney General, for appellee.

Before GODERICH, FLETCHER, and SHEPHERD, JJ.

PER CURIAM.

Based on the State's proper confession of error, we reverse and remand for resentencing as the defendant had a right to be present and represented by counsel at his resentencing following his successful 3.850 challenge. Jordan v. State, 853 So.2d 558 (Fla. 3d DCA 2003); Barcelo v. State, 774 So.2d 895 (Fla. 4th DCA 2001). The remaining point raised by the defendant lacks merit.

Reversed and remanded for resentencing.